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HomeMy WebLinkAbout2025-09-10 Planning & Zoning PacketKenai Planning & Zoning Commission - Regular Meeting Page 1 of 2 September 10, 2025 Kenai Planning & Zoning Commission - Regular Meeting September 10, 2025 ꟷ 7:00 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.Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B.APPROVAL OF MINUTES 1.*Regular Meeting of August 27, 2025 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 PZ2025-28 - Granting a Conditional Use Permit to Temporarily Allow an Accessory Building on Parcel Without Main Building or Use on the parcel described as Lot 6, Block 5, Mommsens Subdivision Replat Addition No. 1, Located at 1012 Third Street, Within the Suburban Residential (RS) Zoning District. G.UNFINISHED BUSINESS H.NEW BUSINESS 1.Discussion – P&Z Meeting Schedule FY2026 2.Discussion – Capital Improvement Plan FY2027-2031 Page 1 Kenai Planning & Zoning Commission - Regular Meeting Page 2 of 2 September 10, 2025 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 08, 2025 L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS N. ADJOURNMENT O. INFORMATIONAL ITEMS **COMMISSIONERS, PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING** 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 Planner at 907-283-8237. Registration is required to join the meeting remotely through Zoom. Please use the following link to register: https://us02web.zoom.us/meeting/register/-oNdDBd8REWj5KPGmCvhWg Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 27, 2025 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE CHAIR EARSLEY, PRESIDING Planning & Zoning Commission Meeting Page 1 of 4 August 27, 2025 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on August 27, 2025, in City Hall Council Chambers, Kenai, AK. Vice Chair Earsley called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Vice Chair Earsley led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeanne Reveal Glenese Pettey Sonja Earsley, Vice Chair Stacie Krause Diane Fikes Gwen Woodard A quorum was present. Absent: Jeff Twait Also in attendance were: Kevin Buettner, Planning Director Victoria Askin, City Council Liaison Shellie Saner, City Clerk Logan Parks, Deputy City Clerk 3. Approval of Agenda and Consent Agenda Vice Chair Earsley noted the following additions to the Packet: Add to item F.1. Resolution PZ2025-26 • Public Comment MOTION: Commissioner Reveal MOVED to approve the agenda and consent agenda, with the requested revisions. Commissioner Pettey SECONDED the motion. The items on the Consent Agenda were read into the record. Vice Chair Earsley 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. Page 3 Planning & Zoning Commission Meeting Page 2 of 4 August 27, 2025 *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 July 23, 2025. Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2025-27 – Recommending Approval of Preliminary Plat – Valhalla Heights Subdivision Thomsen Replat, Lots 8, 9, 27, & 28, Block 7, Valhalla Heights Subdivision Part Three, Township 5 North, Range 10 West, Section 6, Seward Meridian, to the Kenai Peninsula Borough, in the Rural Residential Zoning District. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2025-27. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-27. Commissioner Pettey SECONDED the motion. Vice Chair Earsley opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding double frontage rule; the intent of the property owner to construct a larger shop; and relocation of the utility easement. Clarification was provided that in single residential areas there were no restrictions on land clearing; and although the City did try to locate covenants, they were not enforceable by the City. VOTE: YEA: Reveal, Pettey, Earsley, Krause, Fikes, Woodard NAY: None ABSENT: Twait MOTION PASSED. F. PUBLIC HEARINGS 1. Resolution No. PZ2025-26 - Recommending the Kenai City Council Amend the Official Zoning Map by Rezoning Thirteen Properties Zoned with Multiple Zones and Assigning One Zoning District per Parcel, Tract, or Government Lot. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-26. Commissioner Pettey SECONDED the motion. Planning Director Buettner read the report as included in the packet and attached to Resolution PZ2025- 26. Page 4 Planning & Zoning Commission Meeting Page 3 of 4 August 27, 2025 Vice Chair Earsley opened the floor for public hearing; there being no one wishing to be heard, the public hearing period was closed. It was reported that the proposed rezones were developed to align with the parcels existing use; property owners were contacted in advanced and several owners engaged in discussions; this was a housekeeping effort to clean up mapping; and property owners would still have the ability to apply for rezones in the future. VOTE: YEA: Pettey, Earsley, Krause, Fikes, Woodard, Reveal NAY: None ABSENT: Twait MOTION PASSED. G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. Action/Approval - Approving the Transfer of a Conditional Use Permit PZ2017-01 for the use of a Hotel/Motel, Restaurant, and Bar on the property described as Tract B, Kenai Landing Subdivision 2021 Addition, located at 2291 Bowpicker Lane within the Heavy Industrial Zoning District. [Clerk’s Note: Vice Chair Earsley passed the gavel to Commissioner Pettey and declared a conflict with the Transfer of the Conditional Use Permit as she is employed by the applicant. Vice Chair Earsley abstained from discussion and voting on the subject.] MOTION: Commissioner Krause MOVED to approve the transfer of the Conditional Use Permit PZ2017-01. Commissioner Reveal SECONDED the motion. Commissioner Pettey opened the floor for public comment there being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Krause, Fikes, Woodard, Reveal, Pettey NAY: None ABSTENTION: Earsley ABSENT: Twait MOTION PASSED. [Clerk’s Note: Commissioner Pettey returned the gavel to Vice Chair Earsley.] 2. Discussion – Alaska Walkability Action Institute – Kenai Peninsula Action Plan. Planning Director Buettner, Alecia Gottlob and Julie Bunch provided a presentation identifying potential areas for improving walkability within the City of Kenai. I. REPORTS 1. Planning Director Planning Director Buettner reported on the following: • Expressed gratitude to the Commission • Training of Jessica See, Planning Technician 2. Commission Chair – No report. Page 5 Planning & Zoning Commission Meeting Page 4 of 4 August 27, 2025 3. Kenai Peninsula Borough Planning – Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. 4. City Council Liaison – Council Member Askin reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENT - None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: September 10, 2025. L. COMMISSION COMMENTS AND QUESTIONS Commission Members welcomed Deputy City Clerk Logan Parks, thanked the City staff for their hard work, and expressed gratitude for the presentation. 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 8:17 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of August 27, 2025. ___________________________________ Logan Parks Deputy City Clerk Page 6 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-28 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO TEMPORARILY ALLOW AN ACCESSORY BUILDING ON PARCEL WITHOUT MAIN BUILDING OR USE ON A PARCEL DESCRIBED AS LOT 6, BLOCK 5, MOMMSENS SUBDIVISION REPLAT ADDITION NO. 1, LOCATED AT 1012 THIRD STREET IN THE SUBURBAN RESIDENTIAL (RS) ZONING DISTRICT. APPLICANT: Emmet Heidemann PROPERTY ADDRESS: 1012 Third Street LEGAL DESCRIPTION: Mommsens Sub Replat Addn No 1 & 2, Lot 6, Blk 5 KENAI PENINSULA BOROUGH PARCEL NUMBER: 03913106 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code (KMC) 14.20.150 was submitted to the City on August 20, 2025; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to KMC 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on September 10, 2025, following requirements outlined in KMC 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 Suburban Residential (RS) Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The owner of the property is planning to build a new residential structure on the above- named parcel. Prior to the development, the owner/applicant has requested the temporary use of a shipping container (colloquially called a ConEx or connex) to securely store building materials and/or tools during the construction phase while not in active use. Due to logistical issues, it is not always practical for the owner/applicant to be on site to oversee the security of procured materials and tools. The conditional use of an accessory building on (a) parcel without (a) main building or use is allowable per KMC 14.22 – Land Use Table and 14.20.200 – Accessory Structures. Page 7 Resolution No. PZ2025-28 Page 2 of 4 Specifically, KMC 14.20.200(b) states: [An] [u]noccupied accessory structures may be allowed as a conditional use on a residential parcel that does not have a main building or use of the land only when the parcel on which the unoccupied accessory structure proposed is adjacent to and shares a common lot line with a parcel owned by the same owner and a main building or use is constructed or used on the adjacent parcel. The conditional use for an unoccupied accessory structure on an adjacent parcel shall expire upon transfer of either parcel to a third party and all accessory buildings on adjacent parcels without a main building or main use must be removed. The owner does own all three adjacent parcels. Once the building is constructed, the shipping container, if kept on the property, would be required to conform to the applicable provisions of KMC 14.20.200(a) – Yard Requirements for Accessory Structures. Staff finds that the temporary conditional use would allow for meaningful residential development in the area. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The adjoining property is owned by the owner/applicant. Other landowners and residents nearby have been properly noticed. Mr. & Mrs. Minarik, nearby landowners, did contact the Planning Department on September 2, 2025 for clarification. Once informed, they spoke in favor of the project. The conditional use is temporary in nature and will be conditional on the acquisition of a building permit from the City of Kenai and successful development in accordance with that permit. Staff 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 Suburban Residential (RS) land use classification. The RS Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a pave standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. The surrounding uses consist of empty lots to the north, empty lots to the east, empty lots to the south, and empty lot and a single-family residence to the west. The area is zoned as Suburban Residential surrounding this parcel. The proposed conditional use is temporary, but will result in a new residential dwelling being constructed in an area that is beginning to see more demand and is already served with city utilities. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, many goals and objectives are met from the proposed use. Page 8 Resolution No. PZ2025-28 Page 3 of 4 Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Ensure that Kenai is a community where people and property are safe. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-2 Promote the infill of existing, improved subdivision lots. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water is available and adequate for the proposed use. Prior to the development of the dwelling, a replat would be needed to merge lots together to allow for a septic system, or a sewer line would need to be extended along Third Street. These considerations have been discussed with the owner/applicant. Consideration of this conditional use permit will drive further development decisions by the owner/applicant. Third Street is a gravel road that is not City-maintained. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: The storage container will be securely locked when not in use and positioned away from any right of way. Staff finds there will be no impact to public safety, health, or welfare. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Staff finds that allowing a temporary accessory structure without a main building does not cause any adverse impacts on the surrounding properties. 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 allow the temporary use of a storage container. This accessory structure would be located on a parcel without a main building or use to allow for the development of a new residential structure at 1012 Third Street, on the property described as Mommsens Sub Replat Addn No 1 & 2, Lot 6, Blk 5 in the Suburban Residential (RS) Zoning District. Page 9 Resolution No. PZ2025-28 Page 4 of 4 Section 2. That the conditional use permit is 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. The conditional use is allowed effective the date of a building permit being obtained from the City of Kenai Building Official / Public Works Department. 3. The conditional use expires thirty (30) days from the certificate of occupancy being issued. 4. 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 10TH DAY OF SEPTEMBER, 2025 Sonja Earsley, Vice-Chairperson ATTEST: ______________________________________ Logan Parks, Deputy City Clerk Page 10 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: September 3, 2025 SUBJECT: Resolution PZ2025-28 – Conditional Use Permit – Temporary Accessory Structure Without Main Building Request Staff Recommendation The applicant is requesting to temporarily place a storage container at 1012 Third Street. Adopt Resolution PZ2025-28 approving a Conditional Use Permit to temporarily allow an accessory building on a parcel with no main building at 1012 Third Street, in the Suburban Residential (RS) Zoning District. Applicant: Emmet Heidemann Legal Description: Mommsens Sub Replat Addn No 1 & 2, Lot 6, Blk 5 Property Address: 1012 Third St. KPB Parcel No.: 03913106 Lot Size: 14,810 square feet (.34-acres) Zoning: Suburban Residential (RS) Current Use: Vacant Lot Land Use Plan: Suburban Residential (RS) SUMMARY The Applicant is requesting to temporarily place a storage container at 1012 Third Street, located north of Redoubt Avenue along Third Street. A Conditional Use Permit (CUP) is required to place an accessory building on a parcel without a main building or use in the Suburban Residential (RS) Zoning District. Page 11 Resolution No. PZ2025-28 Conditional Use Permit Temporary Accessory Structure Page 2 of 5 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 Suburban Residential (RS) Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The owner of the property is planning to build a new residential structure on the above- named parcel. Prior to the development, the owner/applicant has requested the temporary use of a shipping container (colloquially called a ConEx or connex) to securely store building materials and/or tools during the construction phase while not in active use. Due to logistical issues, it is not always practical for the owner/applicant to be on site to oversee the security of procured materials and tools. The conditional use of an accessory building on (a) parcel without (a) main building or use is allowable per KMC 14.22 – Land Use Table and 14.20.200 – Accessory Structures. Specifically, KMC 14.20.200(b) states: [An] [u]noccupied accessory structures may be allowed as a conditional use on a residential parcel that does not have a main building or use of the land only when the parcel on which the unoccupied accessory structure proposed is adjacent to and shares a common lot line with a parcel owned by the same owner and a main building or use is constructed or used on the adjacent parcel. The conditional use for an unoccupied accessory structure on an adjacent parcel shall expire upon transfer of either parcel to a third party and all accessory buildings on adjacent parcels without a main building or main use must be removed. The owner does own all three adjacent parcels. Once the building is constructed, the shipping container, if kept on the property, would be required to conform to the applicable provisions of KMC 14.20.200(a) – Yard Requirements for Accessory Structures. Staff finds that the temporary conditional use would allow for meaningful residential development in the area. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The adjoining property is owned by the owner/applicant. Other landowners and residents nearby have been properly noticed. Mr. & Mrs. Minarik, nearby landowners, did contact the Planning Department on September 2, 2025 for clarification. Once informed, they spoke in favor of the project. The conditional use is temporary in nature and will be conditional on the acquisition of a building permit from the City of Kenai and successful development in accordance with that permit. There is an existing berm of dirt that will partially shield this container from view. Page 12 Resolution No. PZ2025-28 Conditional Use Permit Temporary Accessory Structure Page 3 of 5 Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 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 Suburban Residential (RS) land use classification. The RS Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a pave standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. The surrounding uses consist of empty lots to the north, empty lots to the east, empty lots to the south, and empty lot and a single-family residence to the west. The area is zoned as Suburban Residential surrounding this parcel. The proposed conditional use is temporary, but will result in a new residential dwelling being constructed in an area that is beginning to see more demand and is already served with city utilities. The proposed use of the property as proposed is consistent and in harmony with several goals in the 2016 Comprehensive Plan. 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-1 Ensure that Kenai is a community where people and property are safe. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 – Land Use is to develop land use strategies to implement a forward- looking approach to community growth and development. Objective LU-2 Promote the infill of existing, improved subdivision lots. Page 13 Resolution No. PZ2025-28 Conditional Use Permit Temporary Accessory Structure Page 4 of 5 Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water is available and adequate for the proposed use. Prior to the development of the dwelling, a replat would be needed to merge lots together to allow for a septic system, or a sewer line would need to be extended along Third Street. These considerations have been discussed with the owner/applicant. Consideration of this conditional use permit will drive further development decisions by the owner/applicant. Third Street is a gravel road that is not City-maintained. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: The storage container will be securely locked when not in use and positioned away from any right of way. Staff finds there will be no impact to public safety, health, or 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 allowing a temporary accessory structure without a main building does not cause any adverse impacts on the surrounding properties. 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. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. One Public Comment was received on September 2, 2025 (see Finding 2). No other comments were received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit to place an accessory building on a parcel without a main building or use at 1012 Third Street, on the property described as Mommsens Sub Replat Addn No 1 & 2, Lot 6, Blk 5 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 PZ2025-28 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. The conditional use is allowed effective the date of a building permit being obtained from the City of Kenai Building Official / Public Works Department. Page 14 Resolution No. PZ2025-28 Conditional Use Permit Temporary Accessory Structure Page 5 of 5 3. The conditional use expires thirty (30) days from the certificate of occupancy being issued. 4. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. ATTACHMENTS Aerial Map Application Mommsens Sub Replat Addn No 1&2 Subdivision Plat Page 15 PZ2025-28 - Temp. Acc. Bldg Legend Transportation Mileposts Parcels and PLSS Tax Parcels 0 150 300 ft NOTE: Every reasonable effort has been made to ensure the accuracy of these data. However, by accepting this material, you agree that the Kenai Peninsula Borough assumes no liability of any kind arising from the use of this data. The data are provided without warranty of any kind, either expressed or implied, including but not limited to time, money or goodwill arising from the use, operation or modification of the data. In using these data, you further agree to indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 9/3/2025 1:48:26 PM Page 16 Page 17 Page 18 Page 20 Page 21 Page 1 of 4 CITY COUNCIL – 20.020 STANDING COMMISSIONS AND OTHER ADVISORY BODY PROCEDURES Effective Date: March 5, 2014 Last Action Date: June 19, 2024 See Also: Approved by: City Council 20.020 Standing Commissions & Other Advisory Body Procedures Page 1 of 4 POLICY – 20.020 Standing Commissions and other Advisory Body Procedures. Purpose The purpose of this policy is to establish procedures, other than those provided in KMC 1.90, for Standing Commission and other Advisory Bodies established by the Council. Scope This policy applies to all standing commissions or other advisory bodies appointed by the City Council. In addition to this policy the following Kenai Municipal Code (KMC) provisions are applicable: Airport Commission is also regulated by KMC 1.95.010 Beautification Commission is also regulated by KMC 1.95.020 Council on Aging Commission is also regulated by KMC 1.95.030 and the Council on Aging By-Laws Harbor Commission is also regulated by KMC 1.95.040 Parks and Recreation Commission is also regulated by KMC 1.95.050 Planning and Zoning Commission is also regulated by KMC 14.05. Policy A. Appointment and Reappointments 1. An application for consideration of appointment or reappointment to a Standing Commission or other Advisory Body of the Council must be submitted to the City Clerk. 2. The Mayor nominates an applicant for appointment or reappointment and by motion, the City Council confirms. B. Establishing Subcommittees 1. A subcommittee of a Standing Commission or other advisory body may be established for a specific function upon approval of Council. C. Meeting Schedules 1. Standing Commission schedules are as follows: Commission / Committee / Council on Aging Meeting Schedule Scheduled Meeting Days Airport Commission Monthly Second Thursday of the month Beautification Meetings held January, April, May, September and October Second Tuesday of the month Council on Aging Monthly Second Thursday of the month Harbor Commission Meetings held February, March, April, May, June, August, September and November First Monday after first Council meeting of the month Library Commission (Suspended as of 2015, Ordinance No. 2815-2015) Page 22 20.020 Standing Commissions & Other Advisory Body Procedures Page 2 of 4 Parks & Recreation Commission Monthly, except for July First Thursday of the month Planning & Zoning Commission Twice monthly Second & fourth Wednesday 2. All regular meetings will be held in the Kenai City Hall Council Chambers with the exception of the Council on Aging Commission who shall meet at the Senior Center, unless offsite arrangements are approved by the Clerk. Exceptions for subcommittee meetings may be made with the advance notice of the City Clerk. 3. Regularly scheduled meeting times will be approved by Council. 4. Special meetings (for a specific purpose) on an as-needed basis may be scheduled with the Clerk’s approval and notification to the Council and City Manager. 5. Meetings may be cancelled or rescheduled by the City Clerk, with notification to Council and the City Manager, if cancellation or rescheduling is warranted, i.e. lack of agenda items, pre-knowledge of lack of a quorum, etc. 6. Any additional commissions or other advisory bodies established by Council will be set and incorporated into the meeting schedule by the City Council. D. Minutes & Meeting Recordings 1. With exception of the Planning & Zoning Commission, taking notes and electronically recording meetings shall be the responsibility of department liaison to the specific Standing Commission or advisory body. The Clerk's Office shall take notes and record the meeting for the Planning and Zoning Commission. 2. Action minutes will be produced by the Clerk's Office from the department liaisons notes and provided to the City Council as official records of the meetings. Summary minutes will be produced by the Clerk’s Office for Planning and Zoning Commission items when the item is quasi-judicial. 3. Meetings shall be electronically recorded retained in accordance with the City of Kenai records management schedule and record retention policy as adopted by the City Council pursuant to KMC 10.30.030. E. Work Sessions 1. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly scheduled advertised meeting. Notification of scheduled work session shall be provided to City Council and the City Manager. Work session may be requested by Council, the liaison or Chair of the body. 2. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. 3. At a minimum, work sessions shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five days prior to the meeting. F. Basic Meeting Information 1. All meetings shall be open to the public. 2. At a minimum, meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five days prior to the meeting. 3. Meeting agendas shall be established by the Chair and the department liaison and shall be relevant to the authority of the Standing Commission or other advisory body as designated within the bylaws or Kenai Municipal Code. Items requiring commission action under applicable municipal code prior to final action by the Council, as distinguished from advisory recommendations, will be referred to the respective body prior to any final Council action. The City Council, by motion, may refer any other Page 23 20.020 Standing Commissions & Other Advisory Body Procedures Page 3 of 4 item to be placed on an agenda seeking a recommendation from the respective Standing Commission or other advisory body. 4. The department liaison shall submit items for the agenda and supporting documentation to the Clerk's Office one week prior to a meeting, no later than 2:00 p.m. The Clerk's Office will compile meeting material and distribute. The Planning & Zoning Commission is exempt from this requirement as the Planning Department advertises, compiles meeting material and distributes for its commission. 5. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, except as specified in KMC 1.15.060 (Motions), KMC 1.15.100 (Speaking), and KMC 1.15.110 (Voting). 6. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one-half of the board/commission (quorum of the whole). 7. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion. 8. Speaking: In a meeting, members should be recognized by the Chair before speaking. 9. When is it a Meeting: If any public business is discussed collectively by four or a majority of members of one body. 10. Representation of the body: Members of a City of Kenai Standing Commissions or other advisory bodies may only speak on behalf of the body when approved to do so by a majority vote of the body; at which time their basic responsibility is to carry out the body’s directives identified within the approved motion. G. Council Participation 1. Any Council Member may attend a meeting or work session of any Standing Commission or other advisory body; however, no more than three Council Members may attend any one meeting without additional public notice. 2. Only the Council Liaison to the respective Standing Commission or other advisory body may speak on behalf of the Council to the relevant body if approved to do so by a majority vote of the City Council. Participation of the Liaison at Standing Commission or other advisory body meetings is limited to updating the body on the actions of the Council and reporting back to the Council the actions of the Commission. The Liaison is a non-voting member and may not participate in the debate of an advisory body. 3. Participation by Council Members (acting as a Council Member) other than the Liaison should be limited to ONE Council Member who is a sponsor of a legislative item to be considered for recommendation from the advisory body. The sponsors participation should be limited to three-minute testimony and answering questions from the body. The sponsor of the legislation may not participate in debate of the advisory body. When speaking to the advisory body as the legislate sponsor the following additional rules apply: a. The legislative sponsor will not testify from the Dais, testimony from the sponsor shall be made from the area designated for public comment. b. If the legislative sponsor is the Liaison to the advisory body, the legislative sponsor will remove themselves from the dais and seat themselves in the public area of the chambers. The legislative sponsor will remain in the public seating area during the discussion, debate and voting on the legislative item in which they sponsored. 4. Exception: Council Members may fully participate in any joint work session or other meeting with a Standing Commission or other advisory body when it has been noticed that the City Council will be in attendance, or there has been a specific delegation of authority by the Council for a member(s) to represent the Council. __________________________________ Brian Gabriel Sr., Mayor Page 24 20.020 Standing Commissions & Other Advisory Body Procedures Page 4 of 4 ATTEST: ___________________________________ Shellie Saner, MMC, City Clerk Policy History: Action Approval on 08-04-2004; R2017-24; R2018-19; 2019-03; 2023-26; R2024-28; R2025-21 Note: Between 2004 and 2017 other amendments to the policy were made through the action approval process. Page 25 August 25, 2025 – 7:30 PM Action Agenda Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building Jeremy Brantley, Chair Sterling/Funny River Term Expires 2027 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 Karina England 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. Time Extension a. Cooper Subdivision 2023 Replat; KPB File 2023-082 *3. Plats Granted Administrative Approval a. Fort Morgan-Udelhoven Trails Subdivision; KPB File 2025-012 *4 Plats Granted Final Approval a. Rainbow Heights Subdivision Donchi Addition; KPB File 2025-059 b. Moffitt’s Knob Subdivision 2025 Replat; KPB File 2025-082 *7. Minutes a. August 11, 2025 Planning Commission Meeting Minutes Motion to approve the consent & regular agendas passed by unanimous vote. (9-Yes) 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 interest in the application, or members of the public concerning the application or issues presented in the application Planning Commission Page 26 1. Conditional Use Permit; PC Resolution 2025-17 Applicant: Alaska Department of Transportation & Public Facilities Request: Construction of a pedestrian pathway requiring fill within the 50’ Habitat Protection District of Unnamed Creek 244-30-10010-2003 Location: Bridge Access Road / Parcel ID: 04901056 Staff Person Responsible: Planner Morgan Aldridge Motion to adopt Planning Commission Resolution 2025-17 , granting a conditional use permit pursuant to KPB 21.18 passed by unanimous vote (9-Yes) Public Hearing: Legislative Matters 2. Ordinance 2025-20, Amending KPB 21.18.025 to address adoptions and deletions of anadromous waters within the West District of the KPB 21.18 appendix. Staff Person Responsible: River Center Manager Samantha Lopez Motion to forward to the Assembly a recommendation to adopt Ordinance 2025-20 passed by unanimous vote (9-Yes) F. PLAT COMMITTEE REPORT – The plat committee will review 4 plats G. OTHER 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, September 8, 2025 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 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 27 August 25, 2025 – 7:00 PM Action Agenda Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building Jeremy Brantley, Chair Sterling/Funny River Term Expires 2027 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 Karina England 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 Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible. 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. August 11 2025, 2025 Plat Committee Meeting Minutes *4. Grouped Plats E2. Rolling Hills Sub. Addn. No. 1 amended Sadler Addn. E3. Sterling Airpark Subdivision Scott Addition E4. Surreal Wildflower Ridge Motion to approve the agenda, the minutes from the August 11, 2025 Plat Committee meeting and grouped plats passed by unanimous vote (5-Yes) 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) Plat Committee Page 28 1. Fields-Brown Subdivision; KPB File 2025-113 Peninsula Surveying / Fields Location: Scout Lake Loop Road & Fields Road Sterling Area Motion to grant preliminary approval passed by unanimous vote (5-Yes). Motion to grant the exception request to grant the exception request to KPB 20.30.030(A) – Proposed Street Layout Requirements & KPB 20.30.170 Block Length Requirements, passed by unanimous vote (6-Yes) 2. Rolling Hills Subdivision Addition No.1 Amended Sadler Addition KPB File 2025-115 McLane Consulting Group / Sadler Location: Montclair Circle, Nicholas Street & Lou Morgan Road Sterling Area Motion to grant preliminary approval passed by unanimous vote (6-Yes). 3. Sterling Airpark Subdivision Scott Addition; KPB File 2025-111 Edge Survey & Design / Scott Location: Jacobsen Avenue Near Robinson Loop Road Sterling Area Motion to grant preliminary approval passed by unanimous vote (6-Yes). 4. Surreal Wildflower Ridge; KPB File 2025-114 Mullikin Surveys / Martin Location: Diamond Ridge Road, Nearly Level Road & Elliott Court Diamond Ridge Area Motion to grant preliminary approval passed by unanimous vote (6-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 8, 2025 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 6:30 p.m. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / Toll free within the Borough 1-800-478-4441, extension 2215 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 3 September 03, 2025 Kenai City Council - Regular Meeting September 03, 2025 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; twenty (20) minutes aggregated) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED AS AMENDED UNANIMOUSLY. Ordinance No. 3482-2025 - Amending the Official Zoning Map and Land Use Table by Rezoning Thirteen Properties Zoned with Multiple Zones and Assigning One Zoning District Per Parcel, Tract, or Government Lot. (Douthit) [On August 6, 2025 this item was referred to the Planning & Zoning Commission's August 27, 2025 meeting, and the public hearing was scheduled for September 3, 2025 City Council meeting.] 2. ENACTED UNANIMOUSLY. Ordinance No. 3484-2025 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund and Accepting a Grant from the Federal Aviation Administration for the Kenai Municipal Airport Rehabilitate Runway 02L/20R; Reconstruct Runway 02L/20R Edge Lighting System Project. (Administration) [KMC 1.15.070(d)] 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) 3. ADOPTED UNANIMOUSLY. Resolution No. 2025-56 - Authorizing the Use of the Equipment Replacement Fund for Datacenter Equipment and Awarding a Contract for the Purchase of Datacenter Equipment. (Administration) Page 30 Kenai City Council - Regular Meeting Page 2 of 3 September 03, 2025 4. ADOPTED UNANIMOUSLY. Resolution No. 2025-57 - Amending City of Kenai Student Representative Policy No. 20.100 to Remove the City Residency Requirements for Student Representatives to Council and to Include Sophomores as Eligible Applicants. (City Clerk) 5. ADOPTED UNANIMOUSLY. Resolution No. 2025-58 - Authorizing an Agreement for Rehabilitation of the Airfield Lighting at the Kenai Municipal Airport. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2025-59 - Authorizing a Contract Award for the Kenai Municipal Airport - Rehabilitation Runway 02L/20R Project. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval - Amending Previously Adopted Resolution No. 2025-53 Authorizing A Contract Award for the City Dock Floats Purchase. (Administration) F. MINUTES 1. *Regular Meeting of August 20, 2025. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3485-2025 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Materials. (Administration) 3. SCHEDULED FOR 9-17-25. Discussion/Action - Scheduling a Board of Adjustment Meeting for the Purpose of Approving Minutes. (City Clerk) 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 Page 31 Kenai City Council - Regular Meeting Page 3 of 3 September 03, 2025 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 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/9BpDcr9pRoKXktv4PyECBQ Page 32 CERTIFICATE OF PUBLICATION & POSTING I, Kevin Buettner, Planning Director of the City of Kenai, do hereby certify that on the 25th day of August, 2025, 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 August 29th, 2025 edition of their newspaper. On the 4th day of September, 2025, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. _________________________ Kevin Buettner Planning Director