HomeMy WebLinkAbout2024-01-24 Planning & Zoning PacketKenai Planning & Zoning Commission –
Regular Meeting
Page 1 of 2
January 24, 2024
Kenai Planning & Zoning Commission -
Regular Meeting
January 24, 2024 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. Election of Chair and Vice Chair
4. 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 December 27, 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 PZ2024-01 – Recommending Approval for Preliminary Plat – 5 D Subdivision for a
Replat of Government Lot 170 in the General Commercial (CG) Zoning District.
2. Resolution PZ2024-02 – Recommending Approval for Preliminary Plat – Cinderella
Subdivision Glover Replat for a Parcel Merger of Lot 1A, Enchanted Forest 2011 Replat and
Lot 6, Cinderella Subdivision in the Rural Residential 1 (RR-1) Zoning District.
F. PUBLIC HEARINGS
G. UNFINISHED BUSINESS
H. NEW BUSINESS
Page 1
Kenai Planning & Zoning Commission –
Regular Meeting
Page 2 of 2
January 24, 2024
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: February 14, 2024
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/87265834944 OR Call: (253) 215-8782 or (301) 715-8592
Meeting ID: 872 6583 4944 Passcode: 672342 Meeting ID: 872 6583 4944 Passcode: 672342
Page 2
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
DECEMBER 27, 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
December 27, 2023
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on December 27, 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
Gwen Woodard Jim Glendening
Diane Fikes John Coston (electronic participation)
A quorum was present.
Absent:
Gary Greenberg
Also in attendance were:
Linda Mitchell, Planning Director
Meghan Thibodeau, Deputy City Clerk
3. Approval of Agenda and Consent Agenda
MOTION:
Vice Chair Halstead MOVED to approve the agenda and consent agenda with the removal of item H.1
Requesting an Excused Absence for the December 27, 2023 Regular Meeting for Commissioner Fikes,
as she was present. Commissioner Woodard SECONDED the motion.
The items on the Consent Agenda were read into the record.
Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing
to be heard, the public comment period was closed.
UNANIMOUS CONSENT was requested.
There being no objection; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission
and will be approved by one motion. There will be no separate discussion of these items unless a
Commission Member so requests, in which case the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. APPROVAL OF MINUTES
1. *Regular Meeting of November 29, 2023
Page 3
Planning & Zoning Commission Meeting Page 2 of 4
December 27, 2023
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS - None.
E. CONSIDERATION OF PLATS
1. Resolution PZ2023-22 – Recommending Approval for Preliminary Plat – Sprucewood Glen
Subdivision No. 11 for a Replat of Lot 2A and Tract F, Sprucewood Glen Subdivision No.
10, and Tract F-1B, Sprucewood Glen Subdivision No. 3 in the General Commercial (CG)
Zoning District.
MOTION:
Vice Chair Halstead MOVED to approve Resolution PZ2023-22. Commissioner Woodard SECONDED
the motion.
Planning Director Mitchell presented her staff report with information provided in the packet, and
explained that the applicant requested to merge three lots and then subdivide into two lots. Zoning and
uses of lots were reviewed; staff recommended approval subject to the following condition:
1. Correct the note reference for (R3) to “Sprucewood Glen Subdivision No. 2, Plat 84-305”.
Chair Twait opened for public testimony.
Jason Young, the surveyor working on the project, introduced himself and noted he was available for
questions.
There being no one wishing to be heard, the public comment period was closed.
Discussion ensued.
VOTE:
YEA: Fikes, Coston, Woodard, Glendening, Halstead, Twait
NAY: None
ABSENT: Greenberg
MOTION PASSED WITHOUT OBJECTION.
F. PUBLIC HEARINGS
1. Resolution PZ2023-25 – Recommending Approval for a Variance Permit to Allow an Off-
Premise Sign on a Property Located at 11631 Kenai Spur Highway in the Central Mixed
Use (CMU) Zoning District.
MOTION:
Vice Chair Halstead MOVED to approve Resolution PZ2023-25. Commissioner Woodard SECONDED
the motion.
Director Mitchell presented her staff report with information in the packet, explaining that the applicant
requested a variance permit for an off-premise sign. Clarification was provided that the applicants are
owners of the property south of the sign, and the location of the site has created visibility limitations for
the tenant business operating on this property that this sign would help to alleviate. The criteria for
variance permits were reviewed, and approval of the variance was recommended with the following
conditions:
1. Applicant(s) must comply with all federal, State of Alaska, and local regulations.
Page 4
Planning & Zoning Commission Meeting Page 3 of 4
December 27, 2023
2. The off-premise sign must be located a minimum 20-foot setback from the northeast corner and
10-foot setback from the street frontage along Kenai Spur Highway.
3. Prior to the installation of an off-premise sign on City-owned property, the applicant(s) must obtain
approval from the City of Kenai City Council.
4. Applicant(s) must obtain a sign permit issued by the Building Official.
Chair Twait opened for public hearing.
Applicant Jason Yeoman read a letter from his tenants, the owners of Odyssey Family Practice, in support
of the resolution.
There being no one wishing to be heard, the public hearing period was closed.
There was discussion regarding how road locations had changed since the structure on this property was
built in the 1960s; that this sign would make the business more visible and appealing to the public; that
the medical family practice is currently the only tenant on the property; whether additional sign
accommodations should be considered in case they property takes on additional tenants in the future;
that the surrounding area is not residential so the sign lighting should not be a concern; and that a sign
has already been ordered.
VOTE:
YEA: Halstead, Woodard, Glendening, Twait, Fikes
NAY: None
ABSENT: Greenberg
MOTION PASSED WITHOUT OBJECTION.
[Clerk’s note: Commissioner Coston abstained from discussion and voting on Resolution PZ2023-25
pursuant to KMC 14.05.025(e)]
Chair Twait noted the 15-day appeal period.
Planning Director Mitchell noted that the applicant still required a special use permit approved by the City
Council.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. *Action/Approval – Requesting an Excused Absence for the December 27, 2023 Regular
Meeting – Fikes
Removed from the agenda and consent agenda.
I. REPORTS
1. City Council – No report.
2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the
December 11, 2023 Kenai Peninsula Borough Planning Commission Meeting.
3. City Administration – Planning Director Mitchell reported on the following:
Thanked the Commission for attending the previous work session on the Comprehensive
Plan and Historic Preservation Plan. Will provide a summary to comply with requirements
for historic preservation grant funding.
The Kenai Peninsula Borough flood map update appeal period ends January 29th.
Page 5
Planning & Zoning Commission Meeting Page 4 of 4
December 27, 2023
A resolution to add a half-time Planning & Zoning staff member will go before Council on
January 3rd.
Adding new code enforcement software that will streamline letters and other documents;
moving toward developing standard operating procedures for code enforcement.
Commission review will be taking place in January, presented by the City Clerk.
Working with the Kenai Peninsula Borough on the Safe Streets and Roads for All grant.
Last meeting for Commissioners Glendening and Greenberg.
J. ADDITIONAL PUBLIC COMMENT – None.
K. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting: January 10, 2024
L. COMMISSION COMMENTS AND QUESTIONS
Commissioner Woodard thanked the City for their snow removal services on Christmas Eve.
Vice Chair Halstead thanked staff for the work session and dinner.
Commissioner Coston noted that he looked forward to working on the Comprehensive Plan and Historic
Preservation Plan.
Commissioner Glendening expressed appreciation for his time on the Commission.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATIONAL ITEMS – None.
There being no further business before the Commission, the meeting was adjourned at 7:49 p.m.
I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of
December 27, 2023.
___________________________________
Meghan Thibodeau
Deputy City Clerk
Page 6
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024-01
A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR 5 D SUBDIVISION
ATTACHED HERETO BE APPROVED.
PROPERTY ADDRESS: 103 Birch Street
LEGAL DESCRIPTION: Government Lot 170
KPB PARCEL NUMBER: 04317013
WHEREAS, the City of Kenai received a preliminary plat from Edge Surveying and Design, LLC
on behalf of the property owner, Five D Investments, LLC for a 5-lot subdivision of Government
Lot 170; and,
WHEREAS, the preliminary plat does not meet the minimum lot width and minimum lot depth
requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and,
WHEREAS, the applicant submitted an exception request for the lot width and lot depth
standards; and,
WHEREAS, the existing street names are referenced correctly; and,
WHEREAS, the proposed lots will have access from Birch Street and First Avenue, both city-
maintained roads; and,
WHEREAS, City water and sewer lines are available to the lots; and,
WHEREAS, an installation agreement is not required; and,
WHEREAS, the Planning and Zoning Commission finds:
1. The exception request does not meet the criteria in KMC Section 14.10.090 Variations
and exceptions; and,
2. A revised preliminary plat to a 4-lot subdivision, subject to the listed condition, generally
meets KMC preliminary plat requirements and development requirements for the
Suburban Residential (RS) zoning district; and,
3. Pursuant to KMC 14.10.070 Subdivision design standards, a revised preliminary plat to a
4-lot subdivision, subject to the listed condition, conforms to the minimum street widths,
provides utilities/access easements, provides a satisfactory and desirable building sites,
X
K~NAI
Page 7
Resolution No. PZ2024-01
Page 2 of 2
and the on-site water and sewer systems will be subject to the regulatory requirements of
the Public Works Department; and,
4. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a
subdivision surrounded by existing or established improvements. Therefore, an
installation agreement is not required; and,
5. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets
City standards for minimum lot size in the RS zoning district; and,
6. Pursuant to KMC 14.24.020 General Requirements a revised preliminary plat to a 4-lot
subdivision, meets City standards for minimum lot width/depth and access/utility
easements. Compliance with the maximum lot coverage, maximum height, and setbacks
will be reviewed during the building permit review.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That a revised preliminary plat of 5 D Subdivision for a 4-lot subdivision of
Government Lot 170 be approved subject to the following condition.
1. Revised the preliminary plat to subdivide Government Lot 170 into four (4) lots with
dimensions equal to or greater than the minimum lot width and depth requirements
outlined in KMC Section 14.10.070.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 24TH DAY OF JANUARY, 2024.
Jeff Twait, Chairperson
ATTEST:
______________________________________
Meghan Thibodeau, Deputy City Clerk
Page 8
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Page 9
STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: January 19, 2024
SUBJECT: Resolution No. PZ2024-01 – Preliminary Plat – 5 D Subdivision
Request The applicant is proposing a preliminary plat to subdivide Government
Lot 170 into five (5) lots.
Staff
Recommendation
Adopt Resolution No. PZ2024-01 recommending approval of
Preliminary Plat – 5 D Subdivision for a four (4) lot subdivision of
Government Lot 170.
Applicant: Edge Surveying and Design, LLC
Attn: Jason Young
P.O. Box 208
Kasilof, AK 99610
Property Owner: Five D Investments, LLC c/o Ken Dunbar
Legal Description: Government Lot 170
Property Address: 103 Birch Street
KPB Parcel No.: 04317013
Zoning District: General Commercial (CG), subject to change to Suburban Residential
(RS) on February 2, 2024 (Ordinance 3383-2023)
Surrounding Uses: North – Single-Family Dwelling; South – First Avenue; West –
Residential Accessory Lot; East – Single-Family Dwellings
SUMMARY
The City received a preliminary plat from Edge Surveying and Design, LLC on behalf of the
property owner for a replat of Government Lot 170 into five (5) lots. The subject parcels are
located near the northwest intersection of First Avenue and Birch Street. The subject parcel is
vacant. The applicant and property owner have expressed the proposed subdivision is intended
for the development of a small affordable single-family dwelling on each lot.
Ki;NAI
Page 10
Resolution No. PZ2024-01
Preliminary Plat
5 D Subdivision Page 2 of 4
The rezone from General Commercial (CG) to Suburban Residential (RS) zoning district affecting
the subject parcel was enacted under Ordinance 3383-2023 on January 3, 2024 with an effective
date of February 2, 2024. The review of this preliminary plat was analyzed using the RS zoning
district requirements since the proposed use is residential for the subdivision.
The proposed preliminary plat meets the minimum lot size requirement of 7,200 square feet.
However, the proposed lots do not meet the minimum lot width requirement of 60 feet and
minimum depth to not exceed twice the minimum width (i.e., 120 feet). Therefore, the applicant
has submitted an exception request for the minimum lot width and depth requirements.
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 14.10.090 Variations and
exceptions states that City Council may vary or modify such requirements in KMC Chapter 14.10
Subdivision Regulations so that the subdivider may develop their property in a reasonable
manner, but at the same time, the public welfare and interests of the City and surrounding areas
are protected and the general intent and spirit of these regulations preserved.
ANALYSIS
The proposed 5-lot subdivision meets the minimum lot size requirement of 7,200 square feet for
the Suburban Residential (RS) zoning district. The subdivision has access off of Birch Street and
First Avenue, both city-maintained roads. City water and sewer lines are available to serve the
new lot along Princess Street. Improvements for road and service connections are established;
therefore, an installation agreement is not required. The proposed 5-lot subdivision would require
two (2) exceptions, a lot width exception and a lot depth exception. Otherwise, the proposed
preliminary would not meet all the required subdivision design standards.
The applicant has submitted an exception request for the lot width and lot depth. Below is a table
with the required lot dimensions for residential lots less than 10,000 square feet and the proposed
lot dimensions.
Minimum
Standard
Maximum
Standard Proposed
Lot Width 60 feet Not
Applicable
Ranges between 59.24
and 59.44 feet
Lot Depth –
Not exceed twice the
minimum width
Not
Applicable 120 feet Ranges between 131.77
and 132.09 feet
KMC Section 14.10.070(d)(2) states “in platting residential lots containing less than 10,000 square
feet, the depth of the block shall not exceed twice the minimum width allowed under the zone
district in which the lot is located”. The proposed lot size is 7,833.9 square feet. While the
proposed lot width and lot depth does not meet the standards, it is not by much, such as the lot
width is less than a foot from the minimum standard and the lot depth is approximately 12 feet
over the maximum standard. Staff have reviewed all the lots from Fifth Court to First Avenue
between N. Spruce Street and Floatplane Road, and there are approximately seven (7) lots that
does not meet current standards for minimum lot width and/or minimum lot depth. These existing
lots that does not meet current standards were subdivided in the 1960s or 1970s.
Page 11
Resolution No. PZ2024-01
Preliminary Plat
5 D Subdivision Page 3 of 4
When requesting for variations and exceptions to the KMC Chapter 14.10 Subdivision
Regulations, the tract to be subdivided is of such unusual size or shape or is surrounded by such
development or unusual conditions that the strict application of the requirements contained in the
regulations would result in real difficulties, substantial hardship or injustice. Staff finds that the
minimum lot width and minimum lot depth requirements would not impose a substantial hardship
or injustice. The existing substandard lots within the surrounding areas were created prior to the
adoption of Kenai’s Zoning Ordinance. Therefore, staff does not find that the rationale of existing
nonconforming lots of similar dimensions as the proposal is consistent with the criteria to
approved or support an exception to the design standards in accordance with KMC Section
14.10.090.
Staff is recommending the proposed preliminary plat be revised to reduce the number of lots from
five (5) to four (4). The lot depth is not going to change and with the lot depth of approximately
132 feet, a lot width must be equal to or greater than 66 feet. If the number of lots is reduced to
four (4), the lot dimension standards can be met without any exceptions.
Staff finds that a revised preliminary plat to a 4-lot subdivision meets the following Title 14 of Kenai
Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code.
1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat for a 4-lot
subdivision, subject to the listed condition, conforms to the minimum street widths,
provides utilities/access easements, provides a 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 14.10.080 Minimum improvement required, the preliminary plat is a
subdivision surrounded by existing or established improvements. Therefore, an
installation agreement is not required.
3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets
City standards for minimum lot size in the RS zoning district.
4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat for a 4-lot
subdivision meets City standards for minimum lot width/depth and access/utility
easements. Compliance with the maximum lot coverage, maximum height, and setbacks
will be reviewed during the building permit review.
STAFF RECOMMENDATION
Staff finds that the proposed preliminary plat for 5 D Subdivision to subdivide Government Lot
170 into five (5) lots does not meet the general standards of Kenai Municipal Code (KMC),
Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table
and the requested exceptions to the lot width and lot depth does not meet the criteria outlined in
KMC Section 14.10.090 Variations and exceptions. However, staff finds that a revision to the
preliminary plat to subdivide Government 170 into four (4) lots with dimensions equal to or greater
than the minimum lot width and depth requirements outlined in KMC Section 14.10.070
Subdivision design standards meet the general standards of Kenai Municipal Code (KMC),
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. PZ2024-01 for a four (4) lot subdivision of Government Lot 170 to Kenai Peninsula
Borough, subject to the following condition.
Page 12
Resolution No. PZ2024-01
Preliminary Plat
5 D Subdivision Page 4 of 4
1. Revised the preliminary plat to subdivide Government Lot 170 into four (4) lots with
dimensions equal to or greater than the minimum lot width and depth requirements
outlined in KMC Section 14.10.070.
ATTACHMENTS
Aerial Map
Preliminary Plat, 5 D Subdivision
Requested Exceptions
Application with Certificate of Plat and Supplement Document
Ordinance 3383-2023
Page 13
N
Resolution PZ2024-01
Preliminary Plat
5 D Subdivision
103 Birch Street
Map for Reference Only
NOT A LEGAL DOCUMENT
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GOVERNMENT
LOT 128
LOT 1
KN 85-55
LOT 3
KN 85-55 I
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Page 15
5D Subdivision
Exception to KMC 14.10-070(d)(2).
In platting residential lots containing less than ten thousand (10,000) square feet, the depth
of the block should not exceed twice the minimum width allowed under the zone district in
which the lot is located.
Findings:
1. Lots exceed the 2:1 depth to with ration by 12 feet, with a current design ratio of 2.2:1.
2. All lots are over 7,200 square feet, minimum area per code.
3. The parent parcel dimensions limit the design options to create 5 parcels.
4. The exception to this code allows for 5 parcels to be created instead of 4 parcels. Developer
plans to build small affordable homes on each of the 5 lots. With the limited supply of small
affordable homes, one more parcel means one more family can own a home in the City of Kenai.
Page 16
R-E~CEIVED
CITY OF CENAI City of Kenai
JC Planning and Zoning Department
Preliminary Plat OCT 19 '023 210 Fidalgo Avenue
Kenai, AK 99611
Submittal Form
Zoning
(907) 283-8200
Planr~ & planning@kenai. city
'Bv: t www.kenai.city/planning
_,.,=GllJret'•Ul ■q~II :'~ I]
Name: Edge Survey and Design, Jason Young
Mailing Address: PO Box208 City: I Kasilof State: I AK IZip Code: 199610
Phone Number(s): 907-283-9047
Email: jason@edgesurvey.net
la.i{•1'!..I ~l-1'.l'J\"j :I ~i
Name: 5 D Investments LLC. -Ken Dunbar
Mailing Address: PO Box969 City: I Kenai State: I AK jZip Code: j 99611
Phone Number(s): 1-907-94 7-3000
Email: kdunbar@kendunbarandsons.com
(il::{e1:.1:::z:-wII~I::a:e1:-,,•,r•,■r•1~,
Kenai Peninsula Borough Parcel#: 04317013
Current City Zoning: General Commercial
Use: ~ Residential □ Recreational □ Commercial
□ Other: Vacant
Water: l!l On Site □City □ Community
Sewer: ~ On Site □City D Community
~11,,1::re1:--11•1r-_,1[eJ~I
Preliminary Plat Name: 5 D Subdivision
Revised Preliminary Plat Name:
Vacation of Public Right-of-Way: □Yes Iii No
Street Name (if vacating ROW):
Exceptions Required and Requested:
None
Comments:
1:i::rt11111~.-~•Jr.:.1fl•-~1 .. ;;;rrn-1•'~
""1 Certificate to Plat ~ (1) 24" X 36" Plat ~ (2) 11" X 17" Plats
. -h,lC'l~J.•~
Signature: ~~,,ijl I Date: I
Print Name: Ken Dunbar I Title/Business:
Page 17
( (
Stewart. tfitCe of tlie 'l(Jmai <Peninsula, Inc.
Edge Survey and Design, LLC.
PO Box 208
Kasilof, AK 99610
Attention: Jason Young
Gentlemen:
35681 Kenai Spur Hwy., Unit B
Soldotna, AK 99669
Tel: {907) 260-8031 Fax: (907) 260-8036
CERTIFICATE TO PLAT
This is a certificate as of October 06, 2023 at 8:00 A.M. for a plat out of the following property:
File Number: 23492
Premium: $250.00
Tax:
Government Lot 170, Section 31, Township 6 North, Range 11 West, Seward Meridian, Kenai Recording District,
Third Judicial District, State of Alaska.
The Company certifies that record title is vested in
Five D Investments LLC
an estate in fee simple, free from all liens, encumbrances, and objections except for as follows:
1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance
thereof.
2. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to
the State of Alaska •
Recorded: September27, 1982
Volume/Page: 194n64
FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance
nor responsibility therefore is implied or assumed.
3. TAXE.S AND ASSESSMENTS, if any due the taxing authority indicated
Taxing Authority: City of Kenai
4. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated:
Taxing Authority: KENAI PENINSULA BOROUGH
5. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair
and clear shrubbery:
Recorded: December 31, 1963
Volume/Page: Misc. 111205
and Assigned by Instrument recorded December 31, 1963 in Misc. Book 11 at Page 188.
6. AN OIL AND GAS LEASE affecting the above interest under the terms, covenants and conditions therein
provided:
Lessor:
Lessee:
Recorded:
Serial No.:
State of Alaska
J. Benjamin Johnson
March 7, 2011
2011-002197-0
FURTHER, no other examination of the excepted tiOe to minerals has been made herein and no insurance
nor responsibility therefore is implied or assumed.
Certificate to Plat KB 1 File No.: 23492
Page 18
( (
7. A RIGHT-OFWAY, not to exceed 33 feet in width for roadway and public utilities purposes to be located
along the South and East boundaries of said land, as disclosed in Patent recorded December 30, 1958 in
Book 10 at Page 108.
8. RIGHT, TITLE AND INTEREST of the public and/or government agencies in and to any portion of said
land included within the boundaries of Birch Street and First Avenue.
Stewart Title of the Kenai Peninsula, Inc.
By Jaw /z!1iµ11I
Authorized Signator
NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification
from surveyor.
Certificate to Plat KB1 File No.: 23492
Page 19
(
OPERATING AGREEMENT
OF
FIVE D INVESTMENTS LLC
(
This Operating Agreement is made and entered effective as of the 27th day of July 2023,
by and between KENNEIB L. DUNBAR, PATRICIA E. DUNBAR, CLAYTON J. DUNBAR,
and KENNETH M. DUNBAR (each sometimes referred to herein individually as "Member" and
collectively as "Members"). The Members have caused to be formed an Alaska Limited Liability
Company and desire to set forth certain operation provisions as provided herein.
The Members hereto agree as follows:
1. The name of the Company is Five D Investments LLC (sometimes referred to herein
as the "Company").
2. The Members hereby agree to form and operate the Company under the terms and
conditions set forth herein, and as provided in the Company's Articles of Organization. Except as
otherwise provided herein and the Articles of Organization, the rights and liabilities of the Members
shall be governed by the Alaska Revised Limited Liability Act, AS 10 .50, as amended (the "Act").
3. A failure to observe any formalities or requirements of this Operating Agreement,
the Articles of Organization tor· the Company or the Act shall not be grounds for imposing personal
liability on the Members for liabilities of the Company.
4. The Members have formed the Company under the Act. and expressly do not intend
hereby to form a joint venture or a partnership under either the Alaska Uniform Partnership Act or
the Alaska Uniform Limited Partnership Act, or a corporation under the Alaska Corporations Code.
The Members do not intend to be partners one to another. or partners as to any third party. The
Members hereto agree and acknowledge that the Company is to be treated as a partnership for
federal and state income tax purposes.
5. The Company has been organized for the purpose of engaging in activities related
to real property and any other lawful activity.
6. Subject to the provisions of this O~ating Agreement and the Act, the Company shall
have the following powers:
(a) To conduct and operate the business of the Company and to execute documents
and instruments relating to the Company business, including, but not limited to agreements,
notes, leases, contracts and other documents.
(b) To obtain short or long-term borrowings as reasonably necessacy for the business
of the Company.
(c) To procure and maintain insurance covering the various risks to which the
Company or its operations may be subject.
FIVE D INVESTMENTS LLC PAGE 1 OF6
Page 20
( (
(d) To open bank accounts in the name of the Company, designate the authorized
signatures therefor and make deposits and withdrawals from Company accounts on the
signatures of one or more designated individuals.
(e) To pay expenses incurred in perfonning the business and purposes of the
Company.
(f) To employ, discharge and pay the compensation of accountants, lawyers, and
others whose services are required or necessary.
(g) To prosecute or defend, as the case may be, suits, arbitration or administrative
proceedings asserted against or brought on behalf of the Company.
(h) To acquire and dispose ofreal and personal property and interests therein.
(i) To do all things necessary, incidental or convenient to the exercise of the foregoing
powers or to the accomplishment of the Company's pwposes.
7. This Operating Agreement is entered into among the Company and the Members for
the exclusive benefit of the Company, its Members and their successors and assigns. This Operating
Agreement is expressly not intended for the benefit of any creditor of the Company or any other
person. Except and only to the extent provided by applicable statute, no such creditor or third party
shall have any rights under the Operating Agreement or any agreement between the Company and
any Member with respect to any contribution or otherwise.
8. All Company property shall be owned by the Company as an entity and no Member
shall have any ownership interest in such property in the Member's individual name or right, and
each Member's interest in the Company shall be personal property for all purposes. Except as
otherwise provided in this Operating Agreement, the Company shall hold all Company property in
the name of the Company and not in the name or names of any Member.
9. Toe principal office of the Company shall be located in or around Anchorage,
Alaska, or at such other place designated by the Members. The Company's mailing address and
registered office address is c/o Reeves Amodio LLC, 500 L Street Suite 300, Anchorage, Alaska
99501. The Company's registered agent at such address is Thomas Amodio. The Company may
have other places of business at any other place or places as the Members may from time to time
deem advisable.
10. The initial capital contributions of the individual Members and their respective
percentage interest in the Company shall be as follows:
Kenneth L. Dunbar
Patricia E. Dunbar
Clayton J. Dunbar
Kenneth M. Dunbar
25%
25%
25%
25%
Any additional capital contributions shall be upon mutual agreement of the Members. The
Company shall establish and maintain a capital account for each member in accordance with treasury
regulations issued under Section 704 of the Code. Except as may otherwise be required by
applicable 1aw or as otherwise set out herein, net profits, net losses, and other items of income,
gain, loss, deduction and credit shall be apportioned among the Members in proportion with their
FIVE D INVESTMENTS LLC PAGE20F6
Page 21
( r
respective percentage interests in the Company. From time to time, a majority of the Members
may determine in their reasonable judgment tQ what extent, if any, the Company's cash on hand
exceeds the current and anticipated needs, including, without limitation, needs for operating
expenses, debt service, acquisitions, reserves, and mandatory distributions, if any. To the extent
such excess cash is determined to exist, the excess cash shall be distributed to the Members in
accordance with their percentage interests.
11. The Company shall be managed by its Members, unless the Members unanimously
agree otherwise. Any member may sign on behalf of the Company in all of its business affairs,
matters, and transactions with any parties or entities, including but not limited to financial
institutions and governmental entities. The Members shall make decisions requiring a vote by
majority vote on the basis of their percentage interests.
12. The death, incompetence, withdrawal, expulsion, or bankruptcy, or the occurrence
of any other event which terminates the continued membership of a Member in the Company, shall
not cause a dissolution of the Company. Unless the remaining Member or Members elect otherwise,
the Company shall continue as a limited liability company.
13. Tax Matters ..
13. 1 Should there be any controversy with the Internal Revenue Service or any
other taxing authority involving the Company, the Managing Members may expend such funds as
they deem necessary and advisable in the interest of the Company to resolve such controversy
satisfactorily, including. without being limited thereto, attorneys' and accounting fees. Kenneth
Dunbar is hereby designated as the initial .. Tax Representative;, as referred to in Section 6223 of the
Code (relating to designation of a "Partnership Representative"), and is specially authorized to
exercise all of the rights and powers now or hereafter granted to the Tax Representative under the
Code. Any cost incurred in the audit by any governmental authority of the income tax returns of a
Member (as opposed to the Company) shall not be a Company expense. The Members agree to
consult with and keep each other advised with respect to (i) any income tax audit of a Company
income tax return, and (ii) any elections made by the Company for federal, state or local income tax
purposes. The Members agree that all decisions made by the Tax Representative hereunder will be
made in a manner consistent with applicable federal and state tax laws, with the intent of maximizing
return on investment hereunder.
13. 2 For any tax year where it is permitted, the Managing Members may elect out
of the new rules set forth in Sections 6221 through 6241 of the Code as amended by the Bipartisan
Budget Act of 2015 ("New Tax Rules"). If the Managing Members opt not to elect out of the New
Tax Rules, the Managing Members shall have the following rights to the same extent they applied
before the New Tax Rules became effective: (a) the right to approve or to participate in tax•related
actions of the Tax Representative; and (b) the right to be notified by the Tax Representative regarding
true.related events.
13.3. The Managing Members shall, at Company expense, cause the Company to
prepare and file a Form 1065 US Partnership Return of Income and all other tax returns required to
be filed by the Company for each fiscal year of the Company.
FIVE D JNVESI'MENTS LLC PAGEJ OF6
Page 22
( (
14. No Member shall have the right to transfer or assign that Member's membership
interest to a non-member without the written consent of the non-tramferring Member(s).
15. No Member shall have, solely by virtue of such Member's status as a Member in the
Company, any personal liability whatever, whether to the Company, to any Members, or to the
creditors of the Company. for the debts or obligations of the Company or any of its losses beyond the
amount committed by such Member to the capital of the Company, except as otherwise required by
the Act.
16. This Operating Agreement shall be effective as of July 27, 2023.
17. Definitions. The following terms used in this Operating Agreement shall have the
meanings specified below:
17 .1 "Act" means the Alaska Revised Limited Liability Act, AS 10.50, as amended
from time to time.
17.2 "Agreement" or ''Operating Agreement" means this Operating Agreement of
the FIVE D INVESTMENTS, LIMITED LIABILITY COl\AP ANY, as it may from time to time be
amended.
17.3 "Articles of Organization" means the Articles of Organization pursuant to
which the Company was formed, as filed with the Department of Commerce and Economic
Development, State of Alaska, on July 6, 2023, as may be amended from time to time.
17 .4 "Code" means the United States Internal Revenue Code of 1986, as amended.
References to specific Code Sections or Treaswy Regulations shall be deemed to refer to such Code
Sections or Treasury Regulations as they may be amended from time to time or to any successor Code
Sections or Treasury Regulations if the Code Section or Treaswy Regulation referred to is repealed.
17.5 "Company" means the FIVE D INVESTMENTS LIMITED LIABILITY
COMP ANY as created and governed by this Operating Agreement, the Act and the Articles of
Organization.
17.6 "Company Property" means all the real and personal (tangible and intangjble)
property owned by the Company, and all leasehold or like interests therein.
17. 7 "Interest" or "Company Interest" means the ownership interest of a Member
in the Company at any particular time, including the right of such Member to any and all benefits to
which such Member may be entitled as provided in this Operating Agreement, the Articles of
Organi7ation, and in the Act, together with the obligations of such Member to comply with all the
terms and provisions of this Operating Agreement, the Articles of Organization, and the Act.
17.8 "Member(s)" means the Members set forth in Section 10, or their respective
successors or permitted assigns.
F1VE D JNVESI'MENTS LLC PAGE40Fo
Page 23
17.9 "Net Income" or "Net Loss" means taxable income or loss (including items
requiring separate computation under Section 702 of the Code) of the Company as determined using
the method of accounting chosen by the Members and used by the Company for federal income tax
purposes.
17.10 "Percentage Interest'' means the percentage interest of each Member as set
forth iii Section 10, as from time to time adjusted.
18. Miscellaneous.
18.1 This Operating Agreement may be amended or modified from time to time
only by a written instrument adopted and executed by all of the Members.
18.2 This Operating Agreement shall be governed by the laws of the State of
Alaska, without giving effect to principles or provisions thereof relating to choice of law or conflict
of laws.
18.3 This Operating Agreement shall be binding upon the successors, assigns,
heirs, executors, personal representatives, and other legal representatives, as the case may be, of the
Members as provided herein.
18.4 The failure by any party to object to a default under or breach of this
Agreement or insist upon the strict performance of any dirty or obligation of any other party shall not
constitute a waiver, either express or implied, of the right to do so in the future.
18.5 Toe invalidity or unenforceability • of any particular provision of this
Agreement shall not affect the remaining provisions hereof, and, in any such event, this Agreement
shall be construed and interpreted in all respects as if such invalid or unenforceable provision were
omitted.
18.6 Section headings have been inserted solely for the convenience of the parties
and shall not be considered a part of this Operating Agreement for interpretation ot construction.
18.7 For the convenience of the parties hereto, this Operating Agreement may be
executed, including by facsimile signature, in one or more countexparts, each identical to the other,
so long as the counterparts in a set contain the signatures of all the parties to this Operating
Agreement.
IN WITNESS WHEREOJ,?, the Members have executed this Operating Agreement
effective as of the date first written above.
Kenneth L. Dunbar • Patricia E. Dunbar
FIVE D I~MENTS LLC PAGE50F6
Page 24
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~-Dunbar
FIVE D INVESTMENTS LLC PAGE60F6
Page 25
r
I
JC Sponsored by: Administration
K~NAI
CITY OF KENAI
ORDINANCE NO. 3383-2023
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP BY REZONING ALL PARCELS WITHIN
THE LETZING 1985 SUBDIVISION (PLAT NO. 85-55) AND GOVERNMENT LOT 170 FROM GENERAL
COMMERCIAL (CG) TO SUBURBAN RESIDENTIAL (RS) ZONING DISTRICT.
WHEREAS, all parcels within the Letzing 1985 Subdivision plat and Government Lot 170 are currently
zoned General Commercial (CG); and,
WHEREAS, the City of Kenai received a rezone application from the majority of property owners in
accordance with KMC 14.20.270 Amendment procedures; and,
WHEREAS, the CG zoning district allows for the widest range of commercial and industrial uses
compared to other commercial zoning districts and the existing CG zone is not a compatible land use for
this area since there are existing residential uses to the north and east of the proposed rezone area and
an existing single-family dwelling in the proposed rezone area; and,
WHEREAS, the proposed rezone to RS would align with the current low to medium density residential
character of the neighborhood; and,
WHEREAS, the land use classification is Mixed-Use, which envisioned a compatible mix of residential
and commercial uses but it is desired by the property owners and supported by nearby residents that it
should be rezoned to residential; and,
WHEREAS, the rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with
the Land Use Plan and addresses Goal 1 -Quality of Life: Promote and encourage quality of life in Kenai;
and,
WHEREAS, at their regularly scheduled meeting held on November 8, 2023, the City of Kenai Planning
and Zoning Commission voted unanimously to recommend the subject properties be rezoned from
General Commercial to Suburban Residential zoning district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of City of Kenai Official Zonin g Ma p: That City of Kenai, Official Zoning Map
is hereby amended as follows: Rezone all parcels within the Letzing 1985 Subdivision plat (Plat No. 85-
55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) zoning
district.
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.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 26
Ordinance No. 3383-2023
Page 2 of 2
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall t ke e ect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
ATTEST:
, City Clerk
Introduced:
Enacted:
Effective:
New Text Underlined; [DELETED TEXT BRACKETED]
December 20, 2023
January 3, 2024
February 2, 2024
Page 27
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024-02
A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR CINDERELLA
SUBDIVISION GLOVER REPLAT ATTACHED HERETO BE APPROVED.
PROPERTY ADDRESSES: 306 Princess Street and 307 Crystal Street
LEGAL DESCRIPTIONS: Lot 1A, Enchanted Forest 2011 Replat
Lot 6, Cinderella Subdivision
KPB PARCEL NUMBERS: 04505027 and 04505015
WHEREAS, the City of Kenai received a preliminary plat from Peninsula Survey, LLC on behalf
of the property owners, Jeffrey Glover and Kristen Glover for a parcel merger of Lot 1A, Enchanted
Forest 2011 Replat and Lot 6, Cinderella Subdivision; and,
WHEREAS, the preliminary plat, subject to the listed conditions, generally meets Kenai Municipal
Code (KMC) preliminary plat requirements and development requirements for the Rural
Residential 1 (RR-1) zoning district; and
WHEREAS, the existing street names are referenced correctly; and,
WHEREAS, the merged parcels will have access from Princess Street, a city-maintain road and
if improved in the future, there will be an additional access off of Crystal Street; and
WHEREAS, City water and sewer lines are available to the parcel; 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 a satisfactory building site, and the on-site water and sewer systems
will be subject to the regulatory requirements of the Public Works Department; and,
2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is
eliminating a lot line and existing improvements are in place for the development of this
replat and therefore, an installation agreement is not required; and,
3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets
City standards for minimum lot size in the subject zoning district; and,
Page 28
Resolution No. PZ2024-02
Page 2 of 2
4. 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.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of Cinderella Subdivision Glover Replat for a parcel
merger of Lot 1A, Enchanted Forest 2011 Replat and Lot 6, Cinderella Subdivision be approved
subject to the following conditions.
1. Remove the building setbacks on the preliminary plat as all development will be subject
to the setback requirements of the zoning district.
2. Remove Note 1 from the preliminary plat.
3. Add a note that states the following, “When an improvement district is formed, the real
property involved will be part of the improvement district without further action by the then
owner of the property in question”.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 24TH DAY OF JANUARY, 2024.
Jeff Twait, Chairperson
ATTEST:
______________________________________
Meghan Thibodeau, Deputy City Clerk
Page 29
Page 30
STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: January 19, 2024
SUBJECT: Resolution No. PZ2024-02 – Preliminary Plat – Cinderella Subdivision Glover
Replat
Request The applicant is proposing a preliminary plat to merge two (2) parcels.
Staff
Recommendation
Adopt Resolution No. PZ2024-02 recommending approval of
Preliminary Plat – Cinderella Subdivision Glover Replat for a parcel
merger of Lot 1A, Enchanted Forest 2011 Replat and Lot 6, Cinderella
Subdivision.
Applicant: Peninsula Surveying, LLC
Attn: Jason Schollenberg
10535 Katrina Boulevard
Ninilchik, AK 99639
Property Owner: Jeffrey Glover and Kristen Glover
Legal Descriptions: Lot 1A, Enchanted Forest 2011 Replat
Lot 6, Cinderella Subdivision
Property Addresses: 306 Princess Street
307 Crystal Street
KPB Parcel Nos.: 04505027 and 04505015
Combined Area: 2.195 acres
Zoning District: Rural Residential 1 (RR-1)
Surrounding Uses: North – Single-Family Dwelling and Vacant Lot; South – Vacant Lot;
West – Single-Family Dwelling and Vacant Lot; East – Single-Family
Dwelling
Page 31
Resolution No. PZ2024-02
Preliminary Plat
Cinderella Subdivision Glover Replat Page 2 of 3
SUMMARY
The City received a preliminary plat from Peninsula Surveying, LLC on behalf of the property
owners for a parcel merger of Lot 1A, Enchanted Forest 2011 Replat and Lot 6, Cinderella
Subdivision. The subject parcels are located near the northeast intersection of Princess Street
and Kaknu Street. One (1) of the parcel has a single-family dwelling and the other is vacant. The
proposed parcel merger will be surrounded by single-family dwellings and vacant lots. The lot
area for the combined parcels will be approximately 2.195 acres.
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.
ANALYSIS
The proposed parcel merger meets the preliminary plat requirements and development
requirements for the Rural Residential 1 (RR-1) zoning district. The existing parcels were created
through recorded plats, Enchanted Forest 2011 Replat and Cinderella Subdivision (see attached).
The new consolidated lot has access off of Princess Street, a city-maintained road, and if
improved in the future, there will be an additional access off of Crystal Street. City water and
sewer lines are available to serve the new lot along Princess Street. An installation agreement is
not required.
The Public Works Director did comment about the need for a cul-de-sac at the end of Crystal
Street for consistency with KMC 14.10.070 where a dead-end street should terminate into an
open space (i.e., cul-de-sac). The recorded plat, Enchanted Forest 2011 Replat should have
required a dedicated right-of-way along the east property line of Lot 1A, Enchanted Forest 2011
Replat to continue Crystal Street down to Kaknu Street. Requiring a half cul-de-sac is not practical
since the property to the east, Government Lot 38 (305 Hutto Street) has an over-sized detached
accessory structure where the other half of the cul-de-sac would be required. Staff finds that an
exception to the standard to require a dead-end street to terminate into a cul-de-sac is not required
since the Enchanted Forest 2011 Replat approved the surrounding dedicated rights-of-way as-is.
This replat is to remove a lot line (i.e., parcel merger) between parcels with existing dedicated
rights-of-way. Therefore, staff does not find that a dedication of a half cul-de-sac at the end of
Crystal Street should be required.
Staff is requiring the removal of the indicated building setbacks indicated on the preliminary plat
to be consistent with Kenai Peninsula Borough Section 20.30.250 Building Setbacks—Within
cities that building setbacks as depicted or noted on record plats shall not be carried forward on
a new subdivision plat located within a municipal zoning district. It is a good practice to not indicate
the building setbacks on a plat to avoid a stricter development requirement than the Kenai Zoning
Code should code be amended in the future.
Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code
(KMC) sections and aligns with the intent of the Kenai Zoning Code.
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 a satisfactory building site, and the on-site water and sewer systems
will be subject to the regulatory requirements of the Public Works Department.
Page 32
Resolution No. PZ2024-02
Preliminary Plat
Cinderella Subdivision Glover Replat Page 3 of 3
2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is
eliminating a lot line and existing improvements are in place for the development of this
replat. Therefore, an installation agreement is not required.
3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets
City standards for minimum lot size in the subject zoning district.
4. 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.
STAFF RECOMMENDATION
Staff finds that the proposed preliminary plat for Cinderella Subdivision Glover Replat to merge
Lot 1A, Enchanted Forest 2011 Replat and Lot 6, Cinderella Subdivision meets the general
standards of Kenai Municipal Code, Chapter 14.10 Subdivision Regulations and Chapter 14.24
Development Requirements Table, and hereby recommends that the Planning and Zoning
Commission recommends approval of Resolution No. PZ2024-02 to Kenai Peninsula Borough,
subject to the following conditions.
1. Remove the building setbacks on the preliminary plat as all development will be subject
to the setback requirements of the zoning district.
2. Remove Note 1 from the preliminary plat.
3. Add a note that states the following, “When an improvement district is formed, the real
property involved will be part of the improvement district without further action by the then
owner of the property in question”.
ATTACHMENTS
Aerial Map
Preliminary Plat, Cinderella Subdivision Glover Replat
Application with Certificate of Plat
Enchanted Forest 2011 Replat
Cinderella Subdivision
Page 33
Page 34
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Page 35
Page 36
Page 37
Page 38
Page 39
Page 40
Kenai City Council - Regular Meeting Page 1 of 3
January 03, 2024
Kenai City Council - Regular Meeting
January 03, 2024 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. 3383-2023 - Amending the Official Zoning
Map by Rezoning all Parcels within the Letzing 1985 Subdivision (Plat No. 85-55) and
Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning
District. (Administration)
2. ENACTED WITHOUT OBJECTION. Ordinance No. 3384-2023 - Cancelling Previously
Appropriated Projects, Authorizing a Transfer of Funds from the Wastewater Facility Capital
Project Fund to the Water and Sewer Capital Project Fund and Appropriating Supplemental
Funds for the Construction of a New Water Pump House at the City’s Water Treatment Facility.
(Administration)
3. ADOPTED WITHOUT OBJECTION. Resolution No. 2024-01 - Approving the Use of the Fleet
Replacement Fund for the Purchase of Two Ford Police Responders Utilizing the State of
Alaska Equipment Fleet Contract. (Administration)
4. ADOPTED WITHOUT OBJECTION. Resolution No. 2024-02 - Amending the Authorized
Staffing Table by Adding a Part Time Administrative Assistant II Position to the Planning and
Zoning Department. (Administration)
F. MINUTES
1. *Regular Meeting of December 20, 2023. (City Clerk)
Page 41
Kenai City Council - Regular Meeting Page 2 of 3
January 03, 2024
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing
Facility License and a Standard Marijuana Cultivation License for Red Run Cannabis
Cultivators, LLC., DBA: Red Run Cannabis Cultivators, LLC. - License No.’s 19372 and 10052;
and a Retail Marijuana Store License for Red Run Cannabis Company, LLC., DBA: Red Run
Cannabis Company, LLC. – License No. 10056 (City Clerk)
3. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License and a
Standard Marijuana Cultivation License for Majestic Gardens LLC., DBA: Majestic Gardens
LLC. - License No.’s 15393 and 15395. (City Clerk)
4. *Ordinance No. 3385-2024 - Accepting and Appropriating a Donation to the Kenai Community
Library for the Purchase of Library Materials and Software for Room and Event Scheduling.
(Administration)
5. *Ordinance No. 3386-2024 - Increasing Estimated Revenues and Appropriations in the
General Fund and Municipal Roadway Improvements Capital Fund to Conduct an Assessment
of City Street Lighting. (Administration)
6. *Ordinance No. 3387-2024 - Increasing Estimated Revenues and Appropriations in the
General Fund and Public Works Department’s Street Division’s Professional Services Budget
to Review and Update the City’s Roadway Improvements Standards. (Administration)
7. APPROVED WITHOUT OBJECTION. Action/Approval - Authorizing the City Manager to
Enter into an Agreement with the Kenai Peninsula Borough to Accept Landfill Leachate at the
Waste Water Treatment Plant. (Administration)
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
J. REPORT OF THE MAYOR
K. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
L. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
Page 42
Kenai City Council - Regular Meeting Page 3 of 3
January 03, 2024
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/89458619905 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 894 5861 9905 Passcode: 382993 Meeting ID: 894 5861 9905 Passcode: 382993
Page 43
Kenai City Council - Regular Meeting Page 1 of 3
January 17, 2024
Kenai City Council - Regular Meeting
January 17, 2024 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. 3385-2024 - Accepting and Appropriating a
Donation to the Kenai Community Library for the Purchase of Library Materials and Software
for Room and Event Scheduling. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3386-2024 - Increasing Estimated Revenues and
Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to
Conduct an Assessment of City Street Lighting. (Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3387-2024 - Increasing Estimated Revenues and
Appropriations in the General Fund and Public Works Department’s Street Division’s
Professional Services Budget to Review and Update the City’s Roadway Improvements
Standards. (Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2024-03 - Adopting Goals to Guide the
Preparation of the Fiscal Year 2025 Annual Budget. (Administration)
5. ADOPTED AS AMENDED. Resolution No. 2024-04 - Requesting the State of Alaska Make a
Meaningful Increase to the Base Student Allocation for Public Schools. (Douthit, Daniel)
F. MINUTES
1. *Regular Meeting of January 3, 2024. (City Clerk)
Page 44
Kenai City Council - Regular Meeting Page 2 of 3
January 17, 2024
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Ordinance No. 3388-2024 - Increasing Estimated Revenues and Appropriations in the
General Fund for the City’s Joint Participation in the Kenai Peninsula Borough’s Safe Streets
and Roads for All Action Plan Grant Through the United States Department of Transportation.
(Administration)
3. *Ordinance No. 3389-2024 - Accepting and Appropriating Donations from Kenai Senior
Connection, Inc., to the Kenai Senior Center. (Administration)
4. *Ordinance No. 3390-2024 - Increasing Estimated Revenues and Appropriations in the Airport
Fund to Purchase Air Service Development Professional Services at the Kenai Municipal Airport
for Costs in Excess of Budgeted Amounts. (Administration)
5. INTRODUCED AND REFERRED TO THE PLANNING & ZONING COMMISSION AND
HARRBOR COMMISSION. *Ordinance No. 3391-2024 - Amending the Imagine Kenai 2030
Comprehensive Plan Land Use Plan Map for Certain Parcels from Industrial to Mixed-Use.
(Knackstedt)
6. INTRODUCED AND REFERRED TO THE PLANNING & ZONING COMMISSION AND
HARRBOR COMMISSION. *Ordinance No. 3392-2024 - Amending the Kenai Zoning Code to
Add a New Zoning District, Working Waterfront (WW) and Amending the Official Zoning Map
for Certain Parcels from Heavy Industrial (IH) to Working Waterfront (WW) or Conservation (C)
Zoning District. (Knackstedt)
7. Discussion - Public Meetings Remote Participation Update. (City Clerk)
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
J. REPORT OF THE MAYOR
K. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
L. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
M. EXECUTIVE SESSION
Page 45
Kenai City Council - Regular Meeting Page 3 of 3
January 17, 2024
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/89109732128 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 891 0973 2128 Passcode: 785524 Meeting ID: 891 0973 2128 Passcode: 785524
Page 46
Planning Commission
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
ZOOM ONLY MEETING - MEETING NOT
PHYSICALLY OPEN TO THE PUBLIC
7:30 PMMonday, January 8, 2024
Zoom Meeting ID 907 714 2200
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative
– 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment .
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities .
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
Page 1 Printed on 1/8/2024Page 47
January 8, 2024Planning Commission Meeting Agenda
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine
and non-controversial by the Planning Commission and will be approved by one motion. There will be no
separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item
will be removed from the consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment.
1. Time Extension Requests - None
2. Planning Commission Resolutions - None
3. Plats Granted Administrative Approval
a. Annette’s Subdivision; KPB File 2023-086
b. Barefoot Acres; KPB File 2023-073
c. Binkley Subdivision 2023 Replat; KPB File 2023-019
d. Diamond Willow Kenai Wellness Estates Addition; KPB File
2023-079
e. Don Jack Subdivision Cook Addition; KPB File 2019-083
f. Forest Trails Subdivision; KPB File 2023-038
g. Jelinek Subdivision; KPB File 2023-035
h. Oberts Silver Salmon Subdivision; KPB File 2023-081
i. Pease Subdivision Meadowmere Replat; KPB File 2023-064
j. S&S Subdivision 2023 Replat; KPB File 2023-016
k. Sleepy Hollow Longmere Landing Addition; KPB File 2021-003R1
l. TLS 2021-06 East Oyster Cove Subdivision; KPB File 2022-047R1
KPB-5708
C3. Admin ApprovalsAttachments:
4. Plats Granted Final Approval (KPB 20.10.040)
a. Don’s Place Subdivision Faeo Replat; KPB File 2023-022
b. Irons Subdivision Covey Replat; KPB File 2022-110
c. Riverview Subdivision Coghill Replat Lot 1A SLEV; KPB File
2019-064
KPB-5709
C4. Final ApprovalsAttachments:
5. Plat Amendment Request - None
6. Commissioner Excused Absences
Page 2 Printed on 1/8/2024Page 48
January 8, 2024Planning Commission Meeting Agenda
Virginia Morgan, Cooper Landing, Hope, Eastern Peninsula District
7. Minutes
December 11, 2023 PC Meeting MinutesKPB-5710
C7. 121123 PC Meeting MinutesAttachments:
D. OLD BUSINESS - None
E. NEW BUSINESS
Right-of-Way Vacation; KPB File 2023-141V
McLane Consulting Group / Zimmerman
Request: Vacate the 30’ by 240’ alleyway associated with Lots 2-7,
Block 11, US Survey No. 3564, Townsite of Kasilof
Kasilof Area
KPB-57111.
E1. ROWV_USS 3564 PacketAttachments:
Right-Of-Way Vacation; KPB File 2023-145V
McLane Consulting Group
Evenson, Boys & Gils Club of the Kenai Peninsula
Request: Vacate 31’ by 518’ S. Spruce ROW & 48’ by 367’ Char
Circle dedicated by Park View Subdivision, Plat KN 79-156
City of Kenai
KPB-57122.
E2. ROWV KN 79-156 Packet
E2. ROWV_KPB 2023-145V_Desk Packet
Attachments:
Conditional Use Permit; PC Resolution 2024-01
Applicant: Alaska Department of Natural Resources – State Parks
Request: to renovate a public use facility, add a gravel pad and three
fish cleaning stations within the Habitat Protection District of the
Kasilof River. Location: 26035 Williamson Lane; PIN 13332039
Kasilof Area
KPB-57133.
E3. CUP ADNR 2024-01_Packet
E3. AKDNR CUP_ Desk Packet
Attachments:
Resolution 2024-XX: A resolution classifying Borough land in the
Cooper Landing area.
KPB-57144.
E4. RES 2024-XX_Land Class_PacketAttachments:
F. PLAT COMMITTEE REPORT
Page 3 Printed on 1/8/2024Page 49
January 8, 2024Planning Commission Meeting Agenda
Plat Committee will review 9 plats
G. OTHER
a. Legal Department Update
H. PUBLIC COMMENT/PRESENTATION
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
I. DIRECTOR'S COMMENTS
J. COMMISSIONER COMMENTS
K. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
APC Meeting MinutesKPB-5743
Misc. Info_PacketAttachments:
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, January 22, 2024 in the Betty
J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144
North Binkley Street, Soldotna, Alaska at 7:30 p.m.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Page 4 Printed on 1/8/2024Page 50
January 8, 2024Planning Commission Meeting Agenda
A party of record may file an appeal of a decision of the Planning Commission in accordance with the
requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough
Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and
records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits
cannot be made without the consent of the borough assembly.
Vacations within city limits cannot be made without the consent of the city council. The assembly or city council
shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no
veto is received within the specified period, it shall be considered that consent was given.
A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration .
Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of
the date of the final denial action except in the case where new evidence or circumstances exist that were not
available or present when the original petition was filed.
Page 5 Printed on 1/8/2024Page 51
Plat Committee
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
ZOOM ONLY MEETING - MEETING NOT
PHYSICALLY OPEN TO THE PUBLIC
6:30 PMMonday, January 8, 2024
Zoom Meeting ID 907 714 2200
The hearing procedure for the Plat Committee public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative
– 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment .
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities .
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
Page 1 Printed on 1/5/2024Page 52
January 8, 2024Plat Committee Meeting Agenda
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and
noncontroversial by the Plat Committee and may be approved by one motion. There will be no separate
discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda .
The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment
on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform
the Chair of your wish to comment.
1. Agenda
2. Member / Alternate Excused Absences
3. Minutes
December 11, 2023 Plat Committee MinutesKPB-5715
C3. 121123 Plat Meeting MinutesAttachments:
4. Grouped Plats
January 8, 2024 Grouped Plats Staff ReportKPB-5725
Plat Grouped SR_010824Attachments:
D. OLD BUSINESS
E. NEW BUSINESS
Moose Run Estates Williams Addition; KPB File 2023-144
Edge Survey & Design, LLC / Williams
Location: Wapiti Road & Rut Avenue
Nikiski Area / Nikiski APC
KPB-57161.
E1. Moose Run Estates Williams Addn_PacketAttachments:
C & C Bear Subdivision 2023 Replat; KPB File 2023-133
McLane Consult Group / Boling
Location: On C&C Bear Street
Funny River Area / Funny River APC
KPB-57172.
E2. C&C Bear Sub 2023 Replat_PacketAttachments:
Page 2 Printed on 1/5/2024Page 53
January 8, 2024Plat Committee Meeting Agenda
Marysville No. 5 Ellison 2024 Replat; KPB File 2023-143
Seabright Surveying / Ellison
Location: School Avenue & Marysville Street
Anchor Point Area / Anchor Point APC
KPB-57183.
E3. Marysville No. 5 Ellison 2024 Replat_PacketAttachments:
Skyline Heights Estates Kachemak Landing Airpark; KPB File
2023-142
Seabright Surveying / Kachemak Landing, LLC
Location: Near Sterling Highway & Aviation Way
Diamond Ridge Area / Kachemak Bay APC
KPB-57194.
E4. Skyline Heights Estates Kachemak Landing Airpark_Packet
E4. Skyline Heights Estates Kachemak Landing Airpark_Desk Packet
Attachments:
Hall-Ewing Subdivision; KPB File 2023-103R1
Segesser Surveys / Ewing, Hall
Location: Wanda Drive off Kenai Spur Highway
Nikiski Area / Nikiski APC
KPB-57205.
E5. Hall-Ewing Subdivision_PacketAttachments:
Gatten Subdivision 2024 Replat; KPB File 2023-136
Segesser Surveys / Hill, Croom
Location: Patty Avenue
Sterling Area
KPB-57216.
E6. Gatten Subdivision 2024 Replat_PacketAttachments:
Eagle Ridge Estates Part 3 2023 Replat; KPB File 2023-138
Johnson Surveying / Haman
Location: Wildberry Court
Kalifornsky Area
KPB-57227.
E7. Eagle Ridge Estates Part 3 2023 Replat_PacketAttachments:
Galliher Subdivision #3; KPB File 2023-140
Johnson Surveying / Bundy
Location: Card Street & Lepus Avenue
Sterling Area
KPB-57238.
E8. Galiher Subdivison #3_PacketAttachments:
Page 3 Printed on 1/5/2024Page 54
January 8, 2024Plat Committee Meeting Agenda
Quartz Creek Subdivision Outfitters Way Replat; KPB 2022-060R1
Segesser Surveys / KPB, Three Bears Alaska Inc.
Location: Persistent Way & Sterling Highway
Cooper Landing Area / Cooper Landing APC
KPB-57249.
E9. Quartz Creek Sub Outfitters Way Replat_Packet
E9. Quartz Creek Sub Outfitters Way Replat_Desk Packet
Attachments:
F. PUBLIC COMMENT
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
G. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, [INSERT DATE], 2021 in the
Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration
Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m.
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of
the Plat Committee meeting in which the item is being heard. If voluminous information and materials are
submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten
information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the
recording secretary to provide the information to each Committee member. If using large format visual aids (i.e.
poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary.
Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement,
please provide a copy of that statement to the recording secretary.
An interested party may request that the Planning Commission review a decision of the Plat Committee by filing
a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080.
Page 4 Printed on 1/5/2024Page 55
Planning Commission
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
Betty J. Glick Assembly Chambers7:30 PMMonday, January 22, 2024
Zoom Meeting ID: 907 714 2200
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative
– 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment .
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities .
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
Page 1 Printed on 1/12/2024Page 56
January 22, 2024Planning Commission Meeting Agenda
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine
and non-controversial by the Planning Commission and will be approved by one motion. There will be no
separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item
will be removed from the consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment.
1. Time Extension Request - None
2. Planning Commission Resolutions - None
3. Plats Granted Administrative Approval - None
4. Plats Granted Final Approval (KPB 20.10.040) - None
5. Plat Amendment Request - None
6. Commissioner Excused Absences - None
7. Minutes
January 8, 2024 Plat Committee Meeting MinutesKPB-5744
C7. 010824 PC MinutesAttachments:
D. OLD BUSINESS - None
E. NEW BUSINESS
Public Hearings: Quasi-Judicial Matters
Right-of-Way Vacation; KPB File 2024-002V
Petitioner: Owens
Request: Vacates the easternmost approximately 30’ by 660’ portion of
Glacier Avenue West ROW, Sterling Area
KPB-57501.
E1. ROWV_Glacier Ave_PacketAttachments:
Page 2 Printed on 1/12/2024Page 57
January 22, 2024Planning Commission Meeting Agenda
Right-Of-Way Vacation; KPB File 2024-004V
Edge Survey & Design, LLC / Tice, Peninsula Oilers Baseball Club,
Inc.
Request: Vacates Outside Way ROW & associated utility easement
City of Kenai
KPB-57512.
E2. ROWV_Outside Way_PacketAttachments:
Utility Easement Vacation; KPB File 2024-003V
Edge Survey & Design, LLC / Jose
Request: Vacates portions of a utility easement located on the south
boundary of Lot 4-B, eastern boundaries of Lots 4-C & 4-D granted
by Resubdivision of Lots 4&5 Cottonwood Acres Subdivision, Plat KN
78-224
Soldotna Area
KPB-57523.
E3. UEV_ Cottonwood Acres_PacketAttachments:
Conditional Use Permit; PC Resolution 2024-02
Applicant: Tyonek Tribal Council
Request: Replace a failing culvert & add gravel to level the road within
the 50-foot Habitat Protection district of Tyonek Creek
Location: Timber Road / PIN 211-153-08
Tyonek Area
KPB-57534.
E4. CUP_Tyonek Creek_PacketAttachments:
Public Hearing: Legislative Matters
Street Naming Resolution 2024-01
Location: Barbara Drive, Ninilchik Community, ESN 451
Proposed Name: Barbara Drive N. & Barbara Drive S.
Ninilchik Area
KPB-57545.
E5. SN RES 2024-01_PacketAttachments:
Ordinance 2024-01: Authorizing a negotiated lease with Traylor Bros,
Inc. for a temporary craft worker housing site in support of the Sterling
Highway MP 45-60 Construction Project near Cooper Landing.
KPB-57556.
E6. ORD 2024-01_Traylor Lease_PacketAttachments:
F. PLAT COMMITTEE REPORT
G. OTHER
Page 3 Printed on 1/12/2024Page 58
January 22, 2024Planning Commission Meeting Agenda
H. PUBLIC COMMENT/PRESENTATION
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
I. DIRECTOR'S COMMENTS
J. COMMISSIONER COMMENTS
K. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, February 12, 2024 in the
Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration
Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
A party of record may file an appeal of a decision of the Planning Commission in accordance with the
requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough
Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and
records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits
cannot be made without the consent of the borough assembly.
Vacations within city limits cannot be made without the consent of the city council. The assembly or city council
shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no
veto is received within the specified period, it shall be considered that consent was given.
A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration .
Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of
the date of the final denial action except in the case where new evidence or circumstances exist that were not
available or present when the original petition was filed.
Page 4 Printed on 1/12/2024Page 59
Plat Committee
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
Betty J. Glick Assembly Chambers6:30 PMMonday, January 22, 2024
Zoom Meeting ID: 907 714 2200
The hearing procedure for the Plat Committee public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their
representative – 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may
only testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not
present new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write
his or her name and mailing address on the sign -in sheet located by the microphone provided for public
comment. They must begin by stating their name and address for the record at the microphone. All
questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal
with personalities. Decorum must be maintained at all times and all testifiers shall be treated with
respect.
A. CALL TO ORDER
B. ROLL CALL
Plat Committee Members:
Pamela Gillham, Kalifornsky/ Kasilof District
Jeffery Epperheimer, Nikiski District
Page 1 Kenai Peninsula Borough Printed on 1/12/2024Page 60
January 22, 2024Plat Committee Meeting Agenda
Virginia Morgan, Cooper Landing/Hope, Eastern Peninsula District
Franco Venuti, City of Homer
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and
noncontroversial by the Plat Committee and may be approved by one motion. There will be no separate discussion
of consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed
item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent
agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of
your wish to comment.
1. Agenda
2. Member / Alternate Excused Absences - None
3. Minutes
4. Grouped Plats
01-22-24 Grouped Plats Staff ReportKPB-5745
Plat Grouped SR_012224Attachments:
January 8, 2024 Plat Committee Meeting MinutesKPB-5744
C7. 010824 PC MinutesAttachments:
D. OLD BUSINESS - None
E. NEW BUSINESS
Fox Hills Estates Subdivision Part 3; KPB File 2023-146
Edge Survey & Design, LLC / Swanson
Location: Silver Fox Drive off Kalifornsky Beach Road
Kasilof Area
KPB-57471.
E1. Fox Hills Estates Sub Part 3_PacketAttachments:
Sprucewood Glen Subdivision No. 11; KPB File 2024-001
Edge Survey & Design, LLC / Travostino
Location: W. Tern Avenue & Kenai Spur Highway
City of Kenai
KPB-57482.
E2. Sprucewood Glen Sub No. 11_PacketsAttachments:
Page 2 Kenai Peninsula Borough Printed on 1/12/2024Page 61
January 22, 2024Plat Committee Meeting Agenda
Wonder View Subdivision; KPB File 2023-139
Fixed Heights, LLC / AK Mental Health Trust Authority
Location: Wolf Street
Nikiski Area / Nikiski APC
KPB-57493.
E3. Wonder View Sub_PacketAttachments:
F. PUBLIC COMMENT
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
G. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, February 12, 2024 in the
Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration
Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m.
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the
day of the Plat Committee meeting in which the item is being heard. If voluminous information and
materials are submitted staff may request seven copies be submitted. Maps, graphics, photographs, and
typewritten information that is submitted at the meeting must be limited to 10 pages. Seven copies
should be given to the recording secretary to provide the information to each Committee member. If
using large format visual aids (i.e. poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11)
or digital file for the recording secretary. Audio, videos, and movies are not allowed as testimony. If
testimony is given by reading a prepared statement, please provide a copy of that statement to the
recording secretary.
An interested party may request that the Planning Commission review a decision of the Plat Committee
by filing a written request within 10 days of the written notice of decision in accordance with KPB
2.40.080.
Page 3 Kenai Peninsula Borough Printed on 1/12/2024Page 62
January 24, 2024
PLANNING & ZONING COMMISSION MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET
ACTION ITEM REQUESTED BY
Add Item O.1
Informational Items
• Planning and Zoning
Memberships Responses to the
Commission, Committee and Council
on Aging Survey
Planning Director
Planning & Zoning Commission Survey Responses
4 of 7 Commissioners Responded
2023 Commission, Committee and Council on Aging Survey Responses -Planning & Zoning Commission Page 1 of 5
Question 1: Are you or have you served as a Chair of your Commission or Committee?
Participant 1 -
Participant 2 -
Participant 3 -
Participant 4 -
Question 2: What motivated you to join your commission or committee?
Participant 1 Help the community.
Participant 2 I feel it's important for local residents to have a voice on carrying out the historic
preservation goals, to establish and keep consistencies with local business
establishments' street front esthetics. I feel representation of citizenship is
important.
Participant 3 Was encouraged by former P&Z Commissioner
Participant 4 Community service
Question 3: Do you understand your role, duties and responsibilities as a member of your commission or
committee?
Participant 1 Yes
Participant 2 Yes
Participant 3 Yes
Participant 4 Yes
Question 4: Do you feel the duties and responsibilities of your commission or committee should be increased,
decreased or better defined?
Participant 1 Better defined: I don’t think there is an issue here with planning and zoning the
roles and responsibilities are well defined and at an appropriate level now.
Participant 2 Better defined: Since I am have not been to a meeting, I am unfamiliar with the
responsibilities.
Participant 3 Better defined: After reviewing KMC 14.05.010, the commission may not be
fulfilling all of the objectives stated in Duties and Responsibilities of the code.
Participant 4 Better defined: I’m comfortable the way it is
Planning & Zoning Commission Survey Responses
4 of 7 Commissioners Responded
2023 Commission, Committee and Council on Aging Survey Responses -Planning & Zoning Commission Page 2 of 5
Question 5: In a typical month how many hours do you spend working on commission or committee
business?
Participant 1 More than five hours.
Participant 2 Less than five hours.
Participant 3 Less than five hours.
Participant 4 Less than five hours.
Question 6: On a scale of 1 - 10, with one being the lowest rating and ten being the highest rating, how
would you rate your commission or committee meetings?
Participant 1 8
Participant 2 5
Participant 3 9
Participant 4 8
Question 7: What measures would you recommend be taken to get more public participation with your
commission or committee meetings?
Participant 1 Work sessions to help inform projects that require a public process.
Participant 2 If Zoom meetings are not being done, I would recommend hosting them there
too.
Participant 3 Schedule a public hearing to review the City of Kenai Comprehensive Plan.
Participant 4 Not sure
Question 8: On a scale of 1 - 10, with one being the lowest rating and ten being the highest rating, how
would you rate the effectiveness of your commission or committee?
Participant 1 8
Participant 2 5
Participant 3 9
Participant 4 8
Planning & Zoning Commission Survey Responses
4 of 7 Commissioners Responded
2023 Commission, Committee and Council on Aging Survey Responses -Planning & Zoning Commission Page 3 of 5
Question 9: Do you agree with following Kenai Municipal Code attendance requirements for commission or
committee members? KMC 1.90.050 (b): If the commission, committee or board member shall be absent,
without the body excusing the absence for good cause, from more than one-half of all the meetings of his
or her committee, commission or board, regular and special, held within any period of three (3) consecutive
calendar months, he or she shall thereupon cease to hold the seat. A commission, committee or board
member may not have more than three (3) excused absences during a twelve (12) month calendar year.
Participant 1 Yes
Participant 2 Yes
Participant 3 Yes
Participant 4 Yes
Question 10: What are your expectations of the Director who is staff to your commission or committee?
Participant 1 Present enough information to allow commission members to make an educated
decision.
Participant 2 To inform the Commission and Committees to be educated with regard to Kenai
Municipal Code and regulations.
Participant 3 Director should consider scheduling work meetings to address: - 14.05.010 (a)(3)
Review the City of Kenai Comprehensive Plan by the committee in conjunction
with a regularly scheduled public meeting. This could require more than one
work session. - conduct a historic preservation review as defined in KMC
14.20.105 (i) and provide input for the annual survey update.
Participant 4 To provide appropriate code and recommendations for options
Question 11: In regards to succession planning and on-boarding new members to your commission or
committee, what tools do you believe would streamline the process? MULTIPLE CHOICE
Participant 1 Choice 1: Commission recommended transition plan for commission or
committee chairs.
Choice 2: Commission recommended strategy for on-boarding new members.
Choice 3: Additional training opportunities outside of the biennial training that
takes place in January of odd numbered years.
Participant 2 Choice 3: Additional training opportunities outside of the biennial training that
takes place in January of odd numbered years.
Participant 3 Choice 2: Commission recommended strategy for on-boarding new members.
Participant 4 Choice 3: Additional training opportunities outside of the biennial training that
takes place in January of odd numbered years.
Planning & Zoning Commission Survey Responses
4 of 7 Commissioners Responded
2023 Commission, Committee and Council on Aging Survey Responses -Planning & Zoning Commission Page 4 of 5
Question 12: Do you feel allowing members to attend via remote participation benefits your commission or
committee?
Participant 1 Yes
Participant 2 Yes
Participant 3 Yes
Participant 4 Yes
Question 13: Do you feel the number of members on your commission or committee should be increased or
decreased?
Participant 1 Stay the Same
Participant 2 Stay the Same
Participant 3 Stay the Same
Participant 4 Stay the Same
Question 14: Should members of your commission or committee be required to be residents of the City?
Participant 1 Yes
Participant 2 Yes
Participant 3 Yes
Participant 4 Yes
Question 15: Has the scope of work for your commission or committee changes during your time serving as
a member?
Participant 1 There has been no change to the scope of work.
Participant 2 There has been no change to the scope of work.
Participant 3 There has been no change to the scope of work.
Participant 4 The scope of work has improved.
Planning & Zoning Commission Survey Responses
4 of 7 Commissioners Responded
2023 Commission, Committee and Council on Aging Survey Responses -Planning & Zoning Commission Page 5 of 5
Question 16: Given your experience, how would you improve the activities of your commission or
committee? MULTIPLE CHOICE
Participant 1 Choice 5: Other: I think p&z has specific activities that don’t need to change.
Participant 2 Choice 1: More focused mission, goals or objectives.
Choice 2: Broader scope of duties.
Participant 3 Choice 2: Broader scope of duties.
Participant 4 Choice 5: Other: I’m comfortable with the way it is
Question 17: Do you feel your commission or committee should be eliminated or merged with another
commission or committee?
Participant 1 No Change.
Participant 2 No Change.
Participant 3 No Change.
Participant 4 No Change.
Question 18: How might we improve commission or committee engagement?
Participant 1 Internal consistency and stability.
Participant 2 I will have more to add upon attending my first meeting.
Participant 3 If possible, send the meeting packets to P&Z commissioners at least 48 hours
prior to the start of the meeting.
Participant 4 Not sure
Question 19: What other information would you like to provide for the Commission and Committee Review
Process that will begin in January of 2024?
Participant 1 I think p&z has specific and appropriate duties.
Participant 2 N/A
Participant 3 I do not have any recommendations at this time.
Participant 4 None
PLANNING & ZONING COMMISSION
Resolution PZ2024-01 –Preliminary Plat –5 D Subdivision
103 Birch Street
January 24, 2024
Preliminary Plat –5 D Subdivision
Summary
Current Use Vacant
Zoning District General Commercial (CG), subject to change to Suburban Residential (RS) on 2/2/2024
Replat Lot Area 1.25 acres
Surrounding Uses
North Single-Family Dwelling
South Right-of-Way (First Avenue)
West Residential Accessory Lot
East Single-Family Dwellings
Staff’s Findings
1.The exception request does not meet the criteria in KMC Section 14.10.090 Variations
and exceptions.
2.A revised preliminary plat to a 4-lot subdivision, subject to the listed condition,
generally meets KMC preliminary plat requirements and development requirements
for the Suburban Residential (RS) zoning district.
Staff’s Findings (cont.)
3.Pursuant to KMC 14.10.070 Subdivision design standards, a revised preliminary
plat to a 4-lot subdivision, subject to the listed condition, conforms to the
minimum street widths, provides utilities/access easements, provides a 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.
4.Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat
is a subdivision surrounded by existing or established improvements. Therefore,
an installation agreement is not required.
Staff’s Findings (cont.)
5.Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary
plat meets City standards for minimum lot size in the RS zoning district.
6.Pursuant to KMC 14.24.020 General Requirements a revised preliminary
plat to a 4-lot subdivision, meets City standards for minimum lot
width/depth and access/utility easements. Compliance with the maximum
lot coverage, maximum height, and setbacks will be reviewed during the
building permit review.
Staff Recommendation
A revised preliminary plat reducing the number of lots from five (5) to four (4)
generally meets the standards of KMC Chapter 14.10 Subdivision Regulations and
Chapter 14.24 Development Requirements Table.
Adopt Resolution PZ2024-01 recommending approval of the preliminary plat “5 D
Subdivision” to replat of Government Lot 170 into four (4) lots for residential
development to Kenai Peninsula Borough, subject to the listed condition of approval.
PLANNING & ZONING COMMISSION
Resolution PZ2024-01 –Preliminary Plat –5 D Subdivision
103 Birch Street
January 24, 2024
Condition(s) of Approval
1.Revised the preliminary plat to subdivide Government Lot 170 into four (4) lots with
dimensions equal to or greater than the minimum lot width and depth requirements
outlined in KMC Section 14.10.070.
PLANNING & ZONING COMMISSION
Resolution PZ2024-02 –Preliminary Plat –Cinderella Subdivision Glover Replat
306 Princess Street and 307 Crystal Street
January 24, 2024
Preliminary Plat –Cinderella Subdivision Glover Replat
Summary
Current Use Single-Family Dwelling
ZoningDistrict Rural Residential 1 (RR-1)
CombinedLot Area 2.195 acres
Surrounding Uses
North Single-Family Dwelling
South Vacant
West Single-Family Dwellings
East Single-Family Dwelling
Staff’s Findings
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 a satisfactory building site, and the on-site water
and sewer systems will be subject to the regulatory requirements of the Public Works
Department.
2.Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is
eliminating a lot line and existing improvements are in place for the development of
this replat and therefore, an installation agreement is not required.
Staff’s Findings (cont.)
3.Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary
plat meets City standards for minimum lot size in the subject zoning district.
4.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.
Staff Recommendation
The preliminary plat for a parcel merger of Lot 1A , Enchanted Forest 2011 Replat and
Lot 6, Cinderella Subdivision generally meets the standards of KMC Chapter 14.10
Subdivision Regulations and Chapter 14.24 Development Requirements Table.
Adopt Resolution PZ2024-02 recommending approval of the preliminary plat
“Cinderella Subdivision Glover Replat” for a parcel merger to Kenai Peninsula
Borough, subject to the listed conditions of approval.
PLANNING & ZONING COMMISSION
Resolution PZ2024-02 –Preliminary Plat –Cinderella Subdivision Glover Replat
306 Princess Street and 307 Crystal Street
January 24, 2024
Condition(s) of Approval
1.Remove the building setbacks on the preliminary plat as all development will be
subject to the setback requirements of the zoning district.
2.Remove Note 1 from the preliminary plat.
3.Add a note that states the following, “When an improvement district is formed, the
real property involved will be part of the improvement district without further action
by the then owner of the property in question”.
CERTIFICATE OF PUBLICATION & POSTING
I, Linda Mitchell, Planning Director of the City of Kenai, do
hereby certify that on the 12th day of January, 2024, 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 January 17,
2024 edition of their newspaper. On the 19th day of
January, 2024, the full meeting agenda was also posted at
Kenai City Hall and on the internet at www.kenai.city.
___________________________
Linda Mitchell, Planning Director