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HomeMy WebLinkAbout2024-10-23 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 October 23, 2024 Kenai Planning & Zoning Commission - Regular Meeting October 23, 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. 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 25, 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 F. PUBLIC HEARINGS 1. Resolution PZ2024-22 – Granting a Conditional Use Permit to Operate a Crematory and Funeral Home Within the Existing Building on the Property Described as Lot 5A-1, Block 2, Valhalla Heights Subdivision Wisniewski Second Addition, Located at 5839 Kenai Spur Highway, Within the Limited Commercial (LC) Zoning District. G. UNFINISHED BUSINESS H. NEW BUSINESS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 October 23, 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: November 13, 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/tZItdOuhrTstGNX-i8zTkUJk5Dx_l6jNvJV6 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 25, 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 25, 2024 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on September 25, 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 Stacie Krause Glenese Pettey Sonja Earsley Jeff Twait Diane Fikes Gwen Woodard A quorum was present. Also in attendance were: Brandon McElrea, Acting Planning Director Phil Daniel, City Council Member Meghan Thibodeau, Deputy City Clerk 3. Election of Vice Chair MOTION: Commissioner Pettey MOVED to nominate Jeff Twait as Vice Chair. Commissioner Fikes SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Approval of Agenda and Consent Agenda MOTION: Commissioner Woodard MOVED to approve the agenda and consent agenda. Vice Chair Twait 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 Page 3 Planning & Zoning Commission Meeting Page 2 of 3 September 25, 2024 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 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. 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. MOTION: Vice Chair Twait MOVED to approve Resolution PZ2024-21. Commissioner Woodard SECONDED the motion. Acting Planning Director McElrea provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2024-21, and explained the purpose of the replat was to merge three lots into a single lot in order to facilitate the expansion of Peninsula Memorial Chapel. Staff’s findings were reviewed, and it was noted that staff’s recommendation is approval. Commissioners Twait and Halstead expressed support; further clarification was provided on the applicant’s planned uses for the proposed expansion. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS – None. I. REPORTS 1. Planning Director – Acting Planning Director McElrea reported on the following: • New Planning Director will start October 21st. • Welcomed new Commissioner Stacie Krause. • Administrative Assistant McDonald had streamlined the Conditional Use Permit online reporting process; Planning Department has received positive feedback from this update. 2. Commission Chair – Thanked the Commission and staff. 3. Kenai Peninsula Borough Planning – Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. 4. City Council Liaison – Council Member Daniel reported on recent actions of the City Council. Page 4 Planning & Zoning Commission Meeting Page 3 of 3 September 25, 2024 J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: October 9, 2024 Commissioner Earsley noted she would be absent. L. COMMISSION COMMENTS AND QUESTIONS Vice Chair Twait and Commissioner Fikes welcomed Commissioner Krause. 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 7:14 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of September 25, 2024. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 5 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-22 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A CREMATORY AND FUNERAL HOME. APPLICANTS: Timothy Grant Wisniewski PROPERTY ADDRESS: 5839 Kenai Spur Hwy LEGAL DESCRIPTION: Valhalla Heights Sub Wisniewski Second Addn. Lot 5A-1 Blk 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04923036 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on September 19, 2024; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit for the expansion of a nonconforming use have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on October 23, 2024, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates crematories and funeral homes as a conditional use in the Limited Commercial (LC) zoning district where the property is located; therefore, the proposed use may operate subject to a CUP. The LC Zone is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. The proposed use would not violate the character of the neighborhood as it has functioned in the area without complaint since it’s construction in 1984. Furthermore, the proposed use and expansion is not anticipated to generate additional traffic. The existing density Page 6 Resolution No. PZ2024-22 Page 2 of 4 would remain unchanged. The Commission finds that the proposed use meets the intent of the LC zoning district. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The proposed use has operated on the lot without noted complaint since 1984, prior to the adoption of the Land Use Table in 2001. The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired by the proposed addition to the nonconforming use, as this is an expanded continuation of use, not a new use for the property in question. As noted on the application, the existing building is somewhat isolated from the rest of the neighborhood, and includes a buffer of trees on the edge of the property neighboring Togiak Street. That, and the vacant lots, provide buffer between them and what neighbors they do have. The applicants continue to enhance and improve the property’s curb appeal, improving property values of the property and adjacent properties. The Commission finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Mixed Use classification. The MU Land Use Classification is defined in the Comprehensive Plan: Mixed Use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. The surrounding uses are vacant Limited Commercial to the north, to the south is a mix of residential and Limited Commercial, the Kenai Spur Highway is to the east and vacant residential to the west. Within the vicinity, there are nonresidential uses, such as the Fraternal Order of Eagles, a motel, mini storage, and an automotive repair shop. The Commission finds that new buffers are not required as the subject property is adjacent to the Kenai Spur Highway to the east, a vacant lot to the west, and Limited Commercial to the south. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Page 7 Resolution No. PZ2024-22 Page 3 of 4 Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-2 Implement business-friendly regulations, taxation and incentives to create a stable, positive climate for private investment. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer are available and on site. The primary access is off of Togiak Street, which is a paved City maintained road. The Commission finds there will be no noticeable increase to traffic on Togiak Street. The subject property currently has fixed seats for 102 guests which, pursuant to KMC 14.20.250, requires 26 off-street parking spaces. There are 44 existing off-street parking spaces, therefore no additional parking spaces are required. The Commission finds that there are adequate public services and facilities to serve the proposed use. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: The subject property has adequate off-street parking and buffer for the proposed use to minimize the impact to the surrounding area. The applicant indicates that the upcoming expansion of the existing building will enhance and improve the subject property. The Commission finds the proposed use will not be harmful to public safety, health and welfare. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: The Commission finds that granting of a conditional use to operate a funeral home and crematory would not cause adverse impacts on the surrounding properties. Staff has discussed specific site plan requirements with both the property owner and contractor of the building addition. Furthermore, building design features and site plan will all be reviewed during the building permit process. The Commission finds that specific conditions are not deemed necessary to fulfill the above-mentioned conditions. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to Timothy Grant Wisniewski for a crematory and funeral home on a property described as Lot 5A-1, Block 2 of Valhalla Heights Subdivision Wisniewski Second Addition, and located at 5839 Kenai Spur Highway. Section 2. That the conditional use permit is subject to the following conditions: Page 8 Resolution No. PZ2024-22 Page 4 of 4 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 23rd DAY OF OCTOBER, 2024. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 9 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Brandon McElrea, Acting Planning Director DATE: October 23, 2024 SUBJECT: Resolution No. PZ2024-22 – Conditional Use Permit – Crematory and Funeral Home Request The applicant is requesting to operate a Crematory and Funeral home within the existing building. Staff Recommendation Adopt Resolution No. PZ2024-22 approving a Conditional Use Permit for a Crematory and Funeral home Applicants: Timothy Grant Wisniewski Property Owners: Grant Wisniewski, Amanda Wisniewski Legal Description: Lot 5A-1, Block 2 of Valhalla Heights Sub. Wisniewski Second Addn. Property Address: 5839 Kenai Spur Hwy KPB Parcel No.: 04923036 Lot Size: 47,044.8 square feet (1.08-acre) Currently, though awaiting KPB approval of a lot merger (PZ2024-21) which will result in a lot size of approximately 95,570.64 square feet (2.194 acres). Zoning: Limited Commercial (LC) Current Use: Single-Family Dwelling and Funeral Home Land Use Plan: Mixed Use SUMMARY The applicants have requested a Conditional Use Permit (CUP) to continue operating a crematory and funeral home in order to expand a nonconforming use. Peninsula Memorial Chapel began operations at this site in 1984. In 2001 the Land Use Table was adopted, bringing the subject property into nonconforming status. The applicants intend to Page 10 Resolution No. PZ2024-22 Conditional Use Permit Funeral Home Page 2 of 4 expand and add on to both the business portion, and the living area of the existing building. Pursuant to Kenai Municipal Code (KMC) 14.20.050(d)(1) No structure may be enlarged or altered in a way which increases its nonconformity. By granting this conditional use, the subject property will no longer be nonconforming, and construction of the addition in the spring will be permitted. ANALYSIS Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting a conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates crematories and funeral homes as a conditional use in the Limited Commercial (LC) zoning district where the property is located; therefore, the proposed use may operate subject to a CUP. The LC Zone is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. The proposed use would not violate the character of the neighborhood as it has functioned in the area without complaint since it’s construction in 1984. Furthermore, the proposed use and expansion is not anticipated to generate additional traffic. The existing density would remain unchanged. Staff finds that the proposed use meets the intent of the LC zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The proposed use has operated on the lot without noted complaint since 1984, prior to the adoption of the Land Use Table in 2001. The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired by the proposed addition to the nonconforming use, as this is an expanded continuation of use, not a new use for the property in question. As noted on the application, the existing building is somewhat isolated from the rest of the neighborhood, and includes a buffer of trees on the edge of the property neighboring Togiak Street. That, and the vacant lots, provide buffer between them and what neighbors they do have. The applicants continue to enhance and improve the property’s curb appeal, improving property values of the property and adjacent properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. Page 11 Resolution No. PZ2024-22 Conditional Use Permit Funeral Home Page 3 of 4 Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Mixed Use classification. The MU Land Use Classification is defined in the Comprehensive Plan: Mixed Use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. The surrounding uses are vacant Limited Commercial to the north, to the south is a mix of residential and Limited Commercial, the Kenai Spur Highway is to the east and vacant residential to the west. Within the vicinity, there are nonresidential uses, such as the Fraternal Order of Eagles, a motel, mini storage, and an automotive repair shop. Staff finds that new buffers are not required as the subject property is adjacent to the Kenai Spur Highway to the east, a vacant lot to the west, and Limited Commercial to the south. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-2 Implement business-friendly regulations, taxation and incentives to create a stable, positive climate for private investments. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer are available and on site. The primary access is off of Togiak Street, which is a paved City maintained road. Staff finds there will be no noticeable increase to traffic on Togiak Street. The subject property currently has fixed seats for 102 guests which, pursuant to KMC 14.20.250, requires 26 off-street parking spaces. There are 44 existing off-street parking spaces, therefore no additional parking spaces are required. Staff finds that there are adequate public services and facilities to serve the proposed use. Page 12 Resolution No. PZ2024-22 Conditional Use Permit Funeral Home Page 4 of 4 Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: The subject property has adequate off-street parking and buffer for the proposed use to minimize the impact to the surrounding area. The applicant indicates that the upcoming expansion of the existing building will enhance and improve the subject property. In the approximately 40 years of business operation at this location no complaints have been heard. Staff finds the proposed use will not be harmful to public safety, health and welfare. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Staff finds that granting of a conditional use to operate a funeral home and crematory would not cause adverse impacts on the surrounding properties. Staff has discussed specific site plan requirements with both the property owner and contractor of the building addition. Furthermore, building design features and a site plan will all be reviewed during the building permit process. Staff finds that no additional or specific conditions are deemed necessary to fulfill the above-mentioned conditions. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for a crematory and funeral home meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2024-22 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. ATTACHMENTS Aerial Map Application Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 September 23, 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 Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible. 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 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 - None *3. Minutes a. September 9, 2024 Plat Committee Meeting *4. Grouped Plats – None Motion approve the agenda and the minutes from the September 9, 2024 Plat Committee meeting passed by unanimous vote (4-Yes). D. UNFINISHED BUSINESS - None Plat Committee Page 22 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. Woodrow Farms No. 2 2024 Replat; KPB File 2024-091 Johnson Surveying / Dick, Larson Location: Stoney Creek Avenue Bear Creek Area Item was withdrawn from the schedule 2. Adams-Shaw Subdivision; KPB File 2024-096 Edge Survey & Design / Adams Location: Scout Lake Loop Road & Big Horn Street Sterling Area Motion to to grant preliminary approval as amended passed by unanimous vote (4-Yes) Motion to grant the exception request to KPB 20.30.170 – Block Length Requirements, KPB 20.30.030 – Proposed Street Layout and KPB 20.30.100 – Cul-de-sacs, passed by unanimous vote (4-Yes) 3. Crooked Creek Ridge 2024 Addition; KPB File 2024-097 Edge Survey & Design / Wendt, McElhinney Locations: Frosty Foot Avenue & Chilly Paw Avenue Cohoe Area Motion to to grant preliminary approval as amended passed by unanimous vote (4-Yes) Motion to grant the exception request to KPB 20.40.040 – Soils Analysis Report for proposed Tracts 20-A & 20-B, 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, October 14, 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 23 September 23, 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 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 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. Time Extension Request - None a. Echo Lake Hills Subdivision Endries Addition; KPB File 2022-116 b. O’Rourke Subdivision Matranga Addition; KPB File 2022-124 *2. Planning Commission Resolutions a. PC Resolution 2024-13 *3. Plats Granted Administrative Approval a. Folz Subdivision 2023 Replat; KPB File 2023-085R1 b. Hinz Subdivision No. 2; KPB File 2021-102 c. Homer Lake Street Rehabilitation Right-Of-Way Map; KPB File 2016-142 d. Moose Run Estates 2024 Addition; KPB File 2023-144 e. Soldotna Creek The Pointe Addition; KPB File 2024-007 f. Strawberry Hill Estates 2023 Addition; KPB File 2024-016 g. US Survey 3564 Replat; KPB File 2023-141 h. Willard’s Legacy; KPB File 2024-011 i. Woodrow Farms Taylor Addition; KPB File 2023-130 *5. Plat Amendment Request a. Quartz Creek Subdivision Outfitter Way Replat; KPB File 2022-060R1A1 *7. Minutes a. September 9, 2024 Planning Commission Meeting Motion to approve the consent & regular agendas passed by unanimous vote (8-Yes). Planning Commission Page 24 D. UNFINISHED BUSINESS - None E. NEW BUSINESS Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application) 1. Building Setback Encroachment Permit; KPB File 2024-094 No Surveyor / Strausbaugh Request: To permit a house & garage to remain in the 20’ building setback on Lot 2, Block 1, Bruhn Subdivision, KN 86-143 Location: Bruhn Road & Card Street Sterling Area Motion to adopt Planning Commission Resolution 2024-14, granting a building setback encroachment permit passed by unanimous vote (8-Yes) Public Hearing: Legislative Matters 2. Ordinance 2024-__: Adopting the updated 2024 Kenai Peninsula Borough Hazard Mitigation Plan, a multi-jurisdictional plan including the Cities of Seldovia and Seward. Announce the name of the item and ask for the staff report Call for general public comment After general public comment see if Petitioner/Applicant wishes to make a rebuttal. Seeing & hearing no further comment bring it back to the committee for a motion Motion to forward to the Assembly a recommendation to adopt Ordinance 2024-XX, adopting the updated 2024 Kenai Peninsula Borough Hazard Mitigation Plan passed by unanimous vote (8-Yes) F. PLAT COMMITTEE REPORT – The plat committee will review 2 plats G. OTHER 1. Material Site Ordinance Review H. PRESENTATIONS/PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 MINUTES PER SPEAKER) 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, October 14, 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. Page 25 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 26 October 14, 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 A. CALL TO ORDER B. ROLL CALL PLAT COMMITTEE MEMBERS: • Pamela Gillham, Kalifornsky/Kasilof District • Paul Whitney, City of Soldotna • Virginia Morgan, Cooper Landing/Hope/Eastern Peninsula District • Franco Venuti, City of Homer C. APPROVAL OF AGENDA AND CONSENT AGENDA ACTION ITEMS CURRENTLY ON CONSENT AGENDA: *1. Agenda *2. Member Excused Absences - None *3. Minutes a. September 23, 2024 Plat Committee Meeting *4. Grouped Plats E1. Crane-France Subdivision; KPB File 2024-099 E3. Shepherd Subdivision; KPB File 2024-098 E4. Forest Hills Lookout Subdivision Watson Addition No. 2; KPB File 2024-101 E7. Valhalla Heights 2024 Addition; KPB File 2024-093 E8. Atkinson Subdivision Savely Addition; KPB File 2024-095 Motion to approve the agenda, the minutes from the September 23, 2024 Plat Committee meeting and grouped plats passed by unanimous vote (4-Yes) D. UNFINISHED BUSINESS - None Plat Committee Page 27 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. Crane-France Subdivision; KPB File 2024-099 Peninsula Surveying / Crane Location: Forest Lane Sterling Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) 2. Fireweed Meadows 2024; KPB File 2024-092 Geovera, LLC / ENM LLC, Home Grown Construction LLC Location: Milo Fritz Ave., Birch St., School Ave., Golf Dr., HMS Resolution Rd. & Chip Shot Ct. Anchor Point Area / Anchor Point APC Motion to grant preliminary approval passed by unanimous vote (4-Yes) 3. Shepherd Subdivision; KPB File 2024-098 Segesser Surveys / Shepherd Location: Tolum Road Cohoe Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) 4. Forest Hills Lookout Subd Watson Addn No. 2; KPB File 2024-101 Johnson Surveying / Eicher Location: Diamond Willow Lane Sterling Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) 5. Grouse Creek Subdivision 2024 Addition; KPB File 2022-022R2 Johnson Surveying / Marshall & Esther Ronne Living Trust Location: Punkin Avenue & Seward Highway Bear Creek Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) Motion to grant the exception request to KPB 20.30.100 (A) – Cul-de-sacs, passed by unanimous vote (4-Yes) 6. Woodrow Farms No. 2 2024 Replat; KPB File 2024-091R1 Johnson Surveying / Dick, Larson Location: Stoney Creek Avenue Bear Creek Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) Motion to grant the exception request to KPB 20.30.190 – Lot Dimensions, passed by unanimous vote (4-Yes) Page 28 7. Valhalla Heights 2024 Addition; KPB File 2024-093 Fineline Surveys / Wisniewski Location: Togiak Street & Fern Street City of Kenai Motion to grant preliminary approval passed by unanimous vote (4-Yes) 8. Atkinson Subdivision Savely Addition; KPB File 2024-095 Fineline Surveys / Savely Location: Crooked Creek Road Cohoe Area Motion to grant preliminary approval passed by unanimous vote (4-Yes) 9. Thomas Court Subdivision; KPB File 2023-078R1 Fineline Surveys / Christopher, Chambers Location: East Hill Road City of Homer Motion to grant preliminary approval passed by unanimous vote (4-Yes) Motion to grant the exception request to KPB 20.30.190 – Lot Dimensions, passed by unanimous vote (4-Yes) 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, October 28, 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 29 Kenai City Council - Regular Meeting Page 1 of 2 October 02, 2024 Kenai City Council - Regular Meeting October 02, 2024 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 2** 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. 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) 2. ADOPTED. Resolution No. 2024-42 - Supporting Agenda Change Request 8 at the Upcoming Alaska Board of Fisheries Work Session to Allow Set Beach Seine Nets as an Alternative Gear Type for the Eastside Setnet Fishery While in the Kenai River Late-Run King Salmon Stock of Concern Management Plan. (Knackstedt) F. MINUTES 1. *Regular Meeting of September 18, 2024. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Confirmation of Mayoral Nomination for a Partial Term Appointment of Samuel Whicker to the Airport Commission. (Gabriel) Page 30 Kenai City Council - Regular Meeting Page 2 of 2 October 02, 2024 3. *Ordinance No. 3439-2024 - Increasing Estimated Revenue and Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to Provide Supplemental Funding for the 2024 Lilac Lane Roadway Project. (Administration) 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 1. Proclamation Declaring October 2024 as “Domestic Violence Awareness Month” K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 1. CIRCAC Director's Report 2. Bronze Bear Sculpture Information 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/tZUsduGgpj0vHNziATVeozXQa_EkQKUkiEv3 Page 31 Kenai City Council - Regular Meeting Page 1 of 2 October 16, 2024 Kenai City Council - Regular Meeting October 16, 2024 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 2** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. RESULTS OF 10/1/2024 ELECTION CERTIFIED. Certification of the October 1, 2024 Election Results a. Swearing in of Election Officials. (Term of office for those elected during the October 1, 2024 Regular Election begins on Monday, October 21, 2024.) 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 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. 3439-2024 - Increasing Estimated Revenue and Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to Provide Supplemental Funding for the 2024 Lilac Lane Roadway Project. (Administration) F. MINUTES 1. *Regular Meeting of October 2, 2024. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to Renewal of a Club Liquor License for Fraternal Order of Eagles #3525, DBA Fraternal Order of Eagles #3525- License No. 337 (City Clerk) Page 32 Kenai City Council - Regular Meeting Page 2 of 2 October 16, 2024 3. APPROVED WITHOUT OBJECTION. Action/Approval - Confirmation of Mayoral Nomination of Student Representatives to City Council, Beautification Commission and Airport Commission. (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 M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 1. Ice Donation Request Letter 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/tZArc-GspjsvHNQzCFgqrpzEiXws-HwEWGc4 Page 33 OCTOBER 23, 2024 PLANNING & ZONING COMMISSION MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY Add Item F.1. Public Hearing – Resolution No. PZ2024-22 • Public Comment Planning Director CERTIFICATE OF PUBLICATION & POSTING I, Beth McDonald, Planning Administrative Assistant of the City of Kenai, do hereby certify that on the 2nd day of October, 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 October 23, 2024 edition of their newspaper. On the 16th day of October, 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