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HomeMy WebLinkAbout2024-09-25 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 September 25, 2024 Kenai Planning & Zoning Commission - Regular Meeting September 25, 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 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 September 11, 2024 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 PZ2024-21 – Recommending Approval on Preliminary Plat – Valhalla Heights 2024 Addition for a Replat of Lots 4 and 7, Block 2, of the Valhalla Heights Subdivision Part 2 and Lot 5A-1, Block 2, of the Valhalla Heights Subdivision Wisniewski Second Addition Located in the Limited Commercial (LC) and Rural Residential (RR) Zoning Districts. F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 September 25, 2024 I. REPORTS 1. Planning Director 2. Commission Chair 3. Kenai Peninsula Borough Planning 4. City Council Liaison J. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: October 9, 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. Registration is required to join the meeting remotely through Zoom. Please use the link below to register: https://us02web.zoom.us/meeting/register/tZEvcu-gpzIrGd04sTgw30voRkoVuCO7bdeB Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 11, 2024 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JOE HALSTEAD, PRESIDING Planning & Zoning Commission Meeting Page 1 of 3 September 11, 2024 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on September 11, 2024, in City Hall Council Chambers, Kenai, AK. Chair Halstead called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Halstead led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Joe Halstead, Chair John Coston, Vice Chair Glenese Pettey Sonja Earsley Jeff Twait Diane Fikes Gwen Woodard A quorum was present. Also in attendance were: Brandon McElrea, Acting Planning Director Alex Douthit, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda MOTION: Commissioner Twait MOVED to approve the agenda and consent agenda. Commissioner Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Halstead opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of August 14, 2024 Approved by the consent agenda. Page 3 Planning & Zoning Commission Meeting Page 2 of 3 September 11, 2024 C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2024-20 – Recommending Approval on Preliminary Plat – Highlands Subdivision Evans Replat for a Replat of Lots 2 and 3, Block 1 of the Highlands Subdivision located in the Rural Residential (RR) Zoning District. MOTION: Commissioner Twait MOVED to approve Resolution PZ2024-20. Commissioner Fikes SECONDED the motion. Acting Planning Director McElrea provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2024-20, and explained the purpose of the replat was to merge two lots into a single lot. Staff’s findings were reviewed, and it was noted that staff’s recommendation is approval subject to the condition specified within the staff report as attached to Resolution No. PZ2024-20. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. F. PUBLIC HEARINGS G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. *Action/Approval – Requesting an Excused Absence for the August 14, 2024 Regular Meeting – Pettey Approved by the consent agenda. 2. *Action/Approval – Recommending Approval of a Lease of Airport Reserve Land for the Property Described as Lot 4, Block 1, FBO Subdivision. Approved by the consent agenda. I. REPORTS 1. Planning Director – Acting Planning Director McElrea reported on the following: • New Planning Director has been hired, first day will be in October; McElrea is Acting Director in the meantime. 2. Commission Chair – Reported that the appeals have been received for the applications denied at the previous Planning & Zoning Commission meeting; will be reviewed by the Board of Adjustment. 3. Kenai Peninsula Borough Planning – Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. 4. City Council Liaison – Council Member Douthit reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION Page 4 Planning & Zoning Commission Meeting Page 3 of 3 September 11, 2024 1. Next Meeting: September 25, 2024 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Earsley expressed appreciation for Acting Planning Director McElrea. Commissioner Fikes asked about the decision issued on the previous Board of Adjustment appeal. Chair Halstead noted that the Kenai Fire Department and Central Emergency Services had a memorial event honoring firefighters lost on September 11, 2001. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 7:19 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of September 11, 2024. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 5 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-21 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT VALHALLA HEIGHTS 2024 ADDITION ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 5839 Kenai Spur Highway 5887 Kenai Spur Highway 4005 Togiak Street LEGAL DESCRIPTIONS: Lot 4 and Lot 7, Block 2, Valhalla Heights Subdivision Part 2 Lot 5A-1, Block 2, Valhalla Heights Subdivision Wisniewski Second Addition KPB PARCEL NUMBERS: 04923016, 04923019, and 04923036 WHEREAS, the City of Kenai received a preliminary plat from FineLine Surveys, on behalf of the property owners, Amanda and Grant Wisniewski for a replat of Lot 4 and Lot 7, Block 2, Valhalla Heights Subdivision Part 2 and Lot 5A-1, Block 2, Valhalla Heights Subdivision Wisniewski Second Addition; and, WHEREAS, the preliminary plat meets 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 existing street names are referenced correctly; and, WHEREAS, the proposed lot will have access from Togiak Street (a paved and City-maintained road); 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. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat for replat, subject to the listed conditions, provides utilities/access easements as denoted in plat notes 2 and 3, provides a satisfactory and desirable building site, and the on-site water and wastewater systems are subject to the regulatory requirements of the City of Kenai Public Works Department. Page 6 Resolution No. PZ2024-21 Page 2 of 2 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the Rural Residential (RR) and Limited Commercial (LC) zoning districts. 3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat 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 preliminary plat Valhalla Heights 2024 Addition for a replat of Lot 4 and Lot 7, Block 2, Valhalla Heights Subdivision Part 2 and Lot 5A-1, Block 2, Valhalla Heights Subdivision Wisniewski Second Addition be approved. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 25TH DAY OF SEPTEMBER, 2024. JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 7 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Brandon McElrea, Acting Planning Director DATE: September 12, 2024 SUBJECT: Resolution No. PZ2024-21 – Preliminary Plat – Valhalla Heights 2024 Addn. Request The applicant is proposing a preliminary plat to replat Lots 4 & 7, Block2 Valhalla Heights Subdivision Part 2, and Lot 5A-1, Block 2, Valhalla Heights Subdivision Wisniewski Second Addn. Staff Recommendation Adopt Resolution No. PZ2024-21 recommending approval of Preliminary Plat – Valhalla Heights 2024 Addition for the parcel merger of Lots 4 and 7, Block 2, Valhalla Heights Subdivision part 2 and Lot 5A- 1, Block 2, Valhalla Heights Subdivision Wisniewski Addition. Applicant: FineLine Surveys Attn: Dmitri Kimbrell P.O. Box 774 Anchor Point, AK 99556 Property Owner: Amanda & Grant Wisniewski Legal Descriptions: Lot 4 and Lot 7, Block 2, Valhalla Heights Subdivision Part 2 Lot 5A-1, Block 2, Valhalla Heights Subdivision Wisniewski Second Addn. Property Addresses: 5839 Kenai Spur Highway 5887 Kenai Spur Highway 4005 Togiak Street KPB Parcel Nos.: 04923016, 04923019, and 04923036 Zoning District: Limited Commercial (LC) and Rural Residential (RR) Land Use Plan: Mixed Use (MU) Surrounding Uses: South-Residential & Commercial, East-Kenai Spur Highway, West- Vacant Residential, North-Vacant Commercial Page 8 Resolution No. PZ2024-21 Preliminary Plat Valhalla Heights 2024 Addn. Page 2 of 2 SUMMARY The City received a preliminary plat from FineLine Surveys on behalf of the property owners for a replat of Lots 4 and 7, Block 2, Valhalla Heights Subdivision Part 2, and Lot 5A-1, Block 2, Valhalla Heights Subdivision Wisniewski Second Addition to merge the three (3) parcels into one (1) parcel, in order to facilitate the expansion of Peninsula Memorial Chapel. The combined parcel area will be approximately 2.194 acres. Lots 4 and 7 are vacant and Peninsula Memorial Chapel resides on lot 5A-1. 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 Limited Commercial (LC) and Rural Residential (RR) zoning districts. The merged parcel will have access via Togiak Street, which is a City maintained road. City sewer and water are available and are installed on lot 5A-1. The Public Works Director, Fire Marshal, and Building Official have reviewed the preliminary plat and have no comments. Staff finds that the 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 for replat, subject to the listed conditions, provides utilities/access easements as denoted in plat notes 2 and 3, provides a satisfactory and desirable building site, and the accessible water and wastewater systems are subject to the regulatory requirements of the City of Kenai Public Works Department. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot sizes in the subject zoning districts. 3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/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 Valhalla Heights 2024 Addition to replat Lots 4 and 7, Block 2, Valhalla Heights Subdivision part 2 and Lot 5A-1, Block 2, Valhalla Heights Subdivision Wisniewski Second Addition meets the general standards for 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. PZ2024-21 to the Kenai Peninsula Borough. ATTACHMENTS Aerial Maps Application Preliminary Plat, Valhalla Heights 2024 Addition Page 9 Page 10 Page 11 Page 12 Stewart Title of the Kenai Peninsula, Inc. 35681 Kenai Spur Hwy., Unit B Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 CERTIFICATE TO PLAT Fineline Surveys PO Box 774 Anchor Point, AK 99556 Attention: Dmitri Kimbrell File Number: 24554 Premium: $300.00 Tax: $23.55 Gentlemen: This is a certificate as of August 02, 2024 at 8:00 A.M. for a plat out of the following property: PARCEL 1: Lots Four (4) and Seven (7), Block Two (2), VALHALLA HEIGHTS SUBDIVISION PART 2, according to Plat No. K-1634, Kenai Recording District, Third Judicial District, State of Alaska. PARCEL 2: Lot Five "A" One (5A-1), Block Two (2), VALHALLA HEIGHTS SUBDIVISION, WISNIEWSKI ADDITION , according to Plat No. 2016-67, Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that record title is vested in Grant Wisniewski and Amanda Wisniewski, husband and wife an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. 2. 3. 4. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance thereof. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH / CITY OF KENAI RESERVATION OF EASEMENT for highway purposes, and any assignments or uses thereof for recreational, utility or other purposes, as disclosed by Public Land Order No. 601, dated August 10, 1949 and amended by Public Land Order No. 757, dated October 10, 1959; Public Land Order No. 1613, dated April 7, 1958; and Department of the Interior Order No. 2665, dated October 16, 1951, Amendment No. 1 thereto, dated July 17, 1952 and Amendment No. 2 thereto, dated September 15, 1956, filed in the Federal Register. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded:November 17, 1968 Volume/Page:52/113 (Lot 4) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. Certificate to Plat KB1 File No.: 24554 Page 13 5. 6. 7. 8. 9. 10. 11. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded:November 17, 1968 Volume/Page:52/117 (Lot 7) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded:July 17, 1968 Volume/Page:52/114 (Lot 5A-1) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded:July 17, 1968 Volume/Page:52/115 (Lot 5A-1) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded:August 8, 1972 Volume/Page:67/198 (Lot 5A-1) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded:July 11, 1969 Volume/Page:35/187 Granted To:Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed AN OIL AND GAS LEASE affecting the above interest under the terms, covenants and conditions therein provided: Lessor:Basil S. Bolstridge and Elizabeth W. Bolstridge Lessee:Union Oil Company of California Recorded:May 23, 1973 Volume/Page:71/459 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. AN OIL AND GAS LEASE affecting the above interest under the terms, covenants and conditions therein provided: Lessor:Basil S. Bolstridge and Elizabeth W. Bolstridge Lessee:Chevron USA Inc. Recorded:April 21, 1980 Volume/Page:155/531 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. Certificate to Plat KB1 File No.: 24554 Page 14 12. 13. 14. 15. 16. 17. EASEMENTS, SET-BACKS AND DEDICATIONS as delineated on Plat No. K-1634. EFFECT of the notes on said Plat No. K-1634. EASEMENTS, SET-BACKS AND DEDICATIONS as delineated on Plat No. 2016-67. EFFECT of the notes on said Plat No. 2016-67. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded:November 21, 2016 Serial No.:2016-010321-0 Granted To:Homer Electric Association, Inc. Affects:Portion of Lot 5A-1 DEED OF TRUST, including terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the terms thereof: Amount:$1,550,000.00 Dated:December 30, 2022 Recorded:January 4, 2023 Serial No.:2023-000023-0 Trustor:Grant Wisniewski and Amanda Wisniewski, husband and wife Trustee:Stewart Title of the Kenai Peninsula, Inc. Beneficiary:Terri R. Wisniewski THE AMOUNT NOW SECURED by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. By Stewart Title of the Kenai Peninsula, Inc. Christopher Hough 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.: 24554 Page 15 Page 16 September 9, 2024 – 6:30 PM Action Agenda Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building and Through Jeremy Brantley, Chair Sterling/Funny River Term Expires 2024 Pamela Gillham, Vice Chair Kalifornsky / Kasilof District Term Expires 2026 Virginia Morgan Cooper Landing / Hope Eastern Peninsula District Term Expires 2025 Diane Fikes City of Kenai Term Expires 2025 Paul Whitney City of Soldotna Term Expires 2027 Franco Venuti City of Homer Term Expires 2025 Vacant City of Seward Term Expires 2026 Jeffrey Epperheimer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2025 ZOOM MEETING DETAILS Zoom Meeting Link: https://us06web.zoom.us/j/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 To join the meeting from a computer, visit the Zoom meeting link above. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the meeting ID, and your participant number. To attend the Zoom meeting by telephone, use the Zoom toll free phone numbers listed above. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA AND CONSENT AGENDA (Action items listed with an asterisk (*) are considered to be routine and non-controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) ACTION ITEMS CURRENTLY ON CONSENT AGENDA: *1. Agenda *2. Member Excused Absences *3. Minutes a. August 26, 2024 Plat Committee Meeting *4. Grouped Plats E1. Ageya Homestead 2024 Replat; KPB 2024-088 E2. Eker Estates No. 3 Tract A-1 2024 Replat; KPB File 2024-089 E4. Iliamna Meadows 2024 Addition; KPB File 2024-087 E6. Sleepy Hollow Subdivision 2024 Addition; KPB File 2024-085 Motion to approve the agenda, the minutes from the August 12, 2024 Plat Committee meeting and the grouped plats passed by unanimous vote (4-Yes) D. UNFINISHED BUSINESS – None Plat Committee Page 17 E. NEW BUSINESS Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application) 1. Ageya Homestead 2024 Replat; KPB File 2024-088 Seabright Surveying Dee-Dolese Community Property Trust, SW Florida Home Decoeur Retirement LLC Location: Arnold Avenue, Mae Street & Donald Avenue Diamond Ridge Area / Kachemak Bay APC Motion to grant preliminary approval passed by unanimous vote (4-Yes) 2. Eker Estates No. 3 Tract A-1 2024 Replat; KPB File 2024-089 Seabright Surveying / Weichhand, Van Sandt Location: Skyline Drive, Scenic Place & Cottonwood Lane City of Homer Motion to grant preliminary approval passed by unanimous vote (4-Yes) 3. Frank Raby 1971 Addition Tract M 2024 Replat; KPB File 2024-090 Seabright Surveying / Rhyneer Location: Posh Community Drive Seldovia Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) 4. Iliamna Meadows 2024 Addition; KPB File 2024-087 Johnson Surveying / Book Location: Bonnard Circle & Katrina Boulevard Ninilchik Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) 5. Libenthal Subdivision 2024 Addition; KPB File 2024-086 Johnson Surveying / Needs, Muller, Crowder Location: Reid Street Ninilchik Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) Motion to grant the exception request to KPB 20.40 Wastewater Review, passed by unanimous vote (4-Yes) Page 18 6. Sleepy Hollow Subdivision 2024 Addition; KPB File 2024-085 Johnson Surveying / Villa Location: Alma Avenue & Van Dyke Street Sterling Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) F. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 MINUTES PER SPEAKER) G. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING The next regularly scheduled Plat Committee meeting will be held Monday, September 23, 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. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / Toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Page 19 September 9, 2024 – 7:30 PM Action Agenda Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building and Through Jeremy Brantley, Chair Sterling/Funny River Term Expires 2024 Pamela Gillham, Vice Chair Kalifornsky / Kasilof District Term Expires 2026 Virginia Morgan Cooper Landing / Hope Eastern Peninsula District Term Expires 2025 Diane Fikes City of Kenai Term Expires 2025 Paul Whitney City of Soldotna Term Expires 2027 Franco Venuti City of Homer Term Expires 2025 Vacant City of Seward Term Expires 2026 Jeffrey Epperheimer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2025 ZOOM MEETING DETAILS Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible Zoom Meeting Link: https://us06web.zoom.us/j/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 To join the meeting from a computer, visit the Zoom meeting link above. If you connect by computer and do not have speakers or a microphone, connect online and then select phone for audio. A box will come up with toll free numbers, the meeting ID, and your participant number. To attend the Zoom meeting by telephone, use the Zoom toll free phone numbers listed above. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA AND CONSENT AGENDA (Action items listed with an asterisk (*) are considered to be routine and non-controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) ACTION ITEMS CURRENTLY ON CONSENT AGENDA: *3. Plats Granted Administrative Approval a. Cottonwood Acres Subdivision 2024 Addition; KPB File 2024-024 b. Quartz Creek Subdivision Outfitter Way Replat; KPB File 2022-060R1 c. Spruce wood Glen Subdivision No. 11; KPB File 2024-001 d. Whisper Lake Subdivision Miller Addn Prather Replat; KPB File 2023-048 e. Wonder View Subdivision; KPB File 2023-139 *4. Plats Granted Final Approval a. Letzring Ridge Subdivision Martinez Addition; KPB File 2022-137 b. TLS 2021-06 East Oyster Cove Sub 2024 Replat; KPB File 2024-084 *6. Commissioner Excused Absences - None a. Virginia Morgan, Cooper Landing/Hope/Eastern Peninsula b. Pamela Gillham, Kalifornsky/Kasilof District c. Vacant, City of Seward *7. Minutes a. August 12, 2024 Planning Commission Meeting Motion to approve the consent & regular agendas passed by unanimous vote (6- Yes). D. UNFINISHED BUSINESS - None Planning Commission Page 20 E. NEW BUSINESS Public Hearing: Legislative Matters 1. Street Naming Resolution 2024-05: Naming an unnamed private road in the Fox River community to Heartland Street Motion to adopt Street Naming Resolution 2024-05, naming an unnamed private road in the Fox River community (ESN 202) to Heartland Street passed by unanimous vote (6-Yes). 2. Ordinance 2024-19-07: Authorizing the acquisition of real property located adjacent to the North Star School campus in Nikiski necessary for future school use, and appropriating $59,000.00 from the Land Trust Fund for the purchase Motion to forward to the assembly a recommendation to adopt Ordinance 2024-19-07, passed by unanimous vote (6-Yes). Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application) 3. Conditional Land Use Permit Modification; MS2022-004 Applicant: Colaska Inc. DBA OAP Request: Modification to PC Resolution 2022-21 to expand the permit area, additional ingress/egress, and create a 100’ wide access to the ARRCC right-of-way. Location: 27083 Seward Highway Moose Pass Area Motion to adopt Planning Commission Resolution 2024-13, granting a conditional land use permit to operate a sand, gravel or material site passed by unanimous vote (6-Yes). 4. Conditional Land Use Permit Modification; MS2015-005 Applicant: Sean Cude Request: Modification to PC Resolution 2014-20 to allow excavation into the water table and for temporary localized dewatering. Location: 36498 Virginia Drive Kalifornsky Area Motion to postpone action until the November 18, 2024 Planning Commission meeting passed by majority vote (5-Yes, 1-No). F. PLAT COMMITTEE REPORT – The plat committee will review 6 plats G. OTHER 1. Plat Committee – Need 1 member H. PRESENTATIONS/PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 MINUTES PER SPEAKER) Page 21 I. DIRECTOR’S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, September 23 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 / Toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of rights-of-way, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. Page 22 Kenai City Council - Regular Meeting Page 1 of 3 September 18, 2024 Kenai City Council - Regular Meeting September 18, 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) 1. Samantha Springer, Kenai Chamber of Commerce & Visitor Center Executive Director, Kenai Silver Salmon Derby Grand Prize Awards 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. 3432-2024 - Accepting and Appropriating Funds from the Institute of Museum and Library Services, Passed Through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for Library Employee Training. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3433-2024 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Materials. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3434-2024 - Amending the Employee Classification Plan by Reclassifying the Capital Projects Manager to a Public Works Assistant Director and Increasing General Fund Estimated Revenues and Appropriations to Reflect the Position’s Support of Public Works Divisions. (Administration) 4. ENACTED UNANIMOUSLY. Ordinance No. 3435-2024 - Amending Kenai Municipal Code Section 23.55.030 (b) – Qualification Pay, to Include Qualification Pay for a Public Works Assistant Director Holding a Professional Engineer License. (Administration) 5. ENACTED UNANIMOUSLY. Ordinance No. 3436-2024 - Increasing Estimated Revenues and Appropriations in the General Fund Lands Administration Department for Professional Services Associated with the Sale of City-Owned Land, Determining Eleven City-Owned Properties are Page 23 Kenai City Council - Regular Meeting Page 2 of 3 September 18, 2024 Not Needed for a Public Purpose, Authorizing the City Manager to Dispose of Properties by Public Outcry Auction, Approving the Terms of Financing to be Offered on the Sale, and Designating Those Parcels as Eligible for a 25% Veterans Discount. (Administration) 6. ENACTED UNANIMOUSLY. Ordinance No. 3437-2024 - Amending Kenai Municipal Code to Revise Requirements Related to Publication in a Newspaper of General Circulation to Address Publication Requirements Which Cannot Be Met Due to the Newspaper Publications Being Reduced to One Day a Week. (City Clerk) F. MINUTES 1. *Regular Meeting of September 4, 2024. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Issuance of a New Retail Marijuana Store License for Shackleford Farms LLC., DBA Shackleford Farms LLC - License No. 38593 (City Clerk) 3. *Action/Approval - Confirmation of Mayoral Nomination for a Partial Term Appointment of Zachary Rohr to the Harbor Commission. (Mayor Gabriel) 4. *Ordinance No. 3438-2024 - Accepting and Appropriating Donations from the Kenai River Marathon Through the Kenai Community Foundation for the Installation of Bike Racks and Bike Repair Stations. (Administration) 5. APPROVED UNANIMOUSLY. Action/Approval - Confirmation of Mayoral Nomination for a Partial Term Appointment of Stacie Krause to the Planning & Zoning Commission. (Mayor Gabriel) I. COMMISSION REPORTS 1. Council on Aging Commission 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Commission 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 24 Kenai City Council - Regular Meeting Page 3 of 3 September 18, 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. Registration is required to join the meeting remotely through Zoom. Please use the following link to register: https://us02web.zoom.us/meeting/register/tZYkduGvrDIrE9ycdgukyx2MGCRF-2RvZz6j Page 25 CERTIFICATE OF PUBLICATION & POSTING I, Beth McDonald, Planning Administrative Assistant of the City of Kenai, do hereby certify that on the 13th day of September, 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 September 20, 2024 edition of their newspaper. On the 19th day of September, 2024, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. ___________________________ Beth McDonald Planning Administrative Assistant