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HomeMy WebLinkAbout2014-12-10 Planning & Zoning PacketPUBLISHER'S AFFIDVIT UNITED STATES OF AMERICA, ) ) SS STATE OF ALASKA ) Georgia Putney being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the P & ZAgenda a printed copy of which is hereto annexed was Published in said paper one each and every day for one successive and consecutive day in the issues on the following date(s): December S, 2014 SUBS RIBED AND SWORN to before me I of December 2014 NOTARY PUBLIC in and for the State of Alaska. My Commission expires 16-Jul-18 CITY OF KENAI 41 PLANNING & ZONING COMMISSION AGENDA December 10, 2014 •7:00 P.M. http:1/www.ci.kenai.ak.us 1. SCHEDULED PUBLIC COMMENT: None 2. CONSIDERATION OF PLATS: a. PZ14-26 — Preliminary Original R M Thompson Subdivision 2014, Addition, Submitted by Integrity Surveys, 820 Set Net Drive, Kenai, Alaska 9961 T 3. PUBLIC HEARINGS: 4. UNFINISHED BUSINESS: None 5. NEW BUSINESS: a. PZ14-27 - Transfer of Conditional Use Permits from Buccaneer Alaska Operations LLC, Transferor, to AIX Energy LLC, Transferee, on property described as Lot 8, Kenai Industrial Park Subdivision. Transfer is requested by AIX Energy LLC, 2441 High Timbers Dr., Suite 120, The Woodlands, TX 77380 Wilma Anderson Planning & Zoning Administration Publish: December 5, 2014 �a ruo L/a . F AVI D473/211 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS December 10, 2014 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Election of Vice -chair d. Agenda Approval e. Consent Agenda e. *Excused Absences ➢ Commissioner Kiel *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, it 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. 2. *APPROVAL OF MINUTES: a. *November 12, 2014 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: a. PZ14-26 — Preliminary Original R M Thompson Subdivision 2014 Addition, Submitted by Integrity Surveys, 820 Set Net Drive, Kenai, Alaska 99611 6. PUBLIC HEARINGS: 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: a. PZ14-27 - Transfer of Conditional Use Permits granted to Buccaneer Alaska Operations LLC, Transferor, to AIX Energy LLC, Transferee, on property described as Lot 8, Kenai Industrial Park Subdivision. Transfer is requested by AIX Energy LLC, 2441 High Timbers Dr., Suite 120, The Woodlands, TX 77380 9. PENDING ITEMS: None 10. REPORTS: a. City Council b. Borough Planning c. Administration — Discuss cancellation of December 24t" meeting 11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. INFORMATIONAL ITEMS: None 13. NEXT MEETING ATTENDANCE NOTIFICATION: January 14, 2015 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: AL CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER 12, 2014 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING i►►ill►l�jr�� 1. CALL TO ORDER Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance b. Roll Call Roll was confirmed as follows: Commissioners present: D. Fikes, G. Pettey, K. Peterson, N. Kiel, J. Twait, P. Bryson Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Planning Assistant W. Anderson A quorum was present. c. Election of Vice -chair Chairman Twait opened the floor for nominations of Vice Chair. MOTION: Commissioner Peterson MOVED to nominate Commissioner Fikes as Vice Chair and Commissioner Petty SECONDED the motion. There were no objections; SO ORDERED. d. Agenda Approval Chairman Twait noted the following lay downs provided by Administration: • 2a: Draft copy of minutes from October 22, 2014 Planning & Zoning Commission meeting. • 5a: PZ14-23 Memorandum to Commissioners and Substitute Preliminary Plat of Killen Estates 2014 Replat which shows the location of a utility easement located on the west property line of Tract 37A and the addition of plat note number 8. MOTION: Commissioner Bryson MOVED to approve the agenda including additional items provided by Administration and Commissioner Peterson SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. f. *Excused Absences — None *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. 2. *APPROVAL OF MINUTES —October 22, 2014 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: a. PZ14-23 Preliminary Original Killen Estates 2014 Replat, Submitted by Integrity Surveys, 820 Set Net Drive, Kenai, Alaska 99611 City Planner Kelley reviewed the staff report provided in the packet and noted the revised plat provided as a laydown shows the location of a utility easement located on the west property line of Tract 37A and the addition of plat note number 8; recommended approval with the conditions outlined in Resolution PZ14-23. MOTION: Commissioner Bryson MOVED to approve Resolution No. PZ14-23 including staff recommendations and Commissioner Kiel SECONDED the motion. Chairman Twait opened the public hearing, there being no one wishing to speak, the public hearing was closed. VOTE: YEA: Kiel, Pettey, Peterson Fikes, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. Planning and Zoning Commission Meeting November 12, 2014 Page 2 b. PZ14-25 Preliminary Original Parks Subdivision Zubeck Addition, Submitted by Integrity Surveys, 820 Set Net Drive, Kenai, Alaska 99611 City Planner Kelley reviewed the staff report included in the packet recommending approval with the conditions outlined in PZ14-25. MOTION: Commissioner Petterson MOVED to approve with staff recommendations Resolution No. PZ14- 25. Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing; there being no one wishing to speak, public hearing was closed. Commission discussed potential tax status changes. VOTE: YEA: Kiel, Pettey, Peterson, Twait, Bryson, Fikes NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ14-24 — Application for Variance Permit for a back yard setback variance for the property known as 1503 Toyon Way, Lot 2, Block 6, Redoubt Terrance Subd., Addn. 3, submitted by Mary Copple, 1503 Toyon Way, Kenai, AK 99611. City Planner Kelley reviewed the staff report included in the packet recommending approval with conditions outlined in the resolution. Chairman Twait opened the public hearing, there being no one wishing to speak, the public hearing was closed. Applicant Mary Copple answered questions posed by the Commission related to setbacks. MOTION: Commissioner Kiel MOVED to approve Resolution No. PZ14-24 with the Staff recommendations and Commissioner Bryson SECONDED the motion. VOTE: YEA: Kiel, Pettey, Peterson Fikes, Twait, Bryson NAY: Planning and Zoning Commission Meeting November 12, 2014 Page 3 MOTION PASSED UNANIMOUSLY. Chairman Twait noted the 15 day appeal period to be filed with the City Clerk. 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council — Council Member Navarre reported on November 5, 2014 City Council meeting and stated he enjoyed his time as the Commissions liaison. b. Borough Planning — Commissioner Bryson reported on Borough Assembly meeting agenda provided in the packet. c. Administration — City Planner Kelley asked the Commission if they would like to cancel the November 26, 2014 meeting. There were no objections, meeting was cancelled. Kelley noted he will be out of town December 15t 4th for an engineering conference in Las Vegas. 11. INFORMATIONAL ITEMS: None 12. NEXT MEETING ATTENDANCE NOTIFICATION: December 10, 2014 Commission Kiel will be absent. 13. COMMISSION COMMENTS & QUESTIONS Commission Members thanked Tim Navarre for his services as Planning & Zoning Commission liaison. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:37 p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk Planning and Zoning Commission Meeting November 12, 2014 Page 4 &;t STAFF REPORT To: Planning & Zoning Commission Date: December 10, 2014 Res: PZ14-26 GENERAL INFORMATION Applicant: Graydon Cowgill Friendship Mission P.O. Box 2634 Kenai, Alaska 99611 Submitted by: Integrity Surveys 283-9047 820 Set Net Drive Kenai, Alaska 99611 Requested Action: Preliminary Subdivision Plat — R.M. Thompson Subdivision, 2014 Replat Existing Legal Description: R.M. Thompson Subdivision 2012 Addition Amended Lot 1A-2, according to KN 2012-47 Proposed Legal Description: Lot 1A-3 R.M. Thompson Subdivision 2014 and showing the vacation of Ninilchik Drive Street Address: 14639 Kenai Spur Highway KPB Parcel No.: 03914230 Existing Zoning: General Commercial Current Land'Use: Commercial - Friendship Mission Land Use Plan: Neighborhood Commercial ANALYSIS This plat reconfigures Lot 1A-2 and vacates two 30-foot rights -of -way as well as utility easements of varying widths. The resulting parcel would be approximately 4.915 acres and would meet the minimum parcel size for the General Commercial Zone. The parcel is accessed off Kenai Spur Highway which is a State maintained paved road. The property is serviced by a private well and septic system. An installation agreement is not required. On September 24, 2014, the Planning and Zoning Commission approved PZ14-21, Revised Preliminary Shoreline Heights 2014 Addition, located southwest of the subject PZ14-26 Page 2 parcel. This plat allowed for the creation of a 48 lot residential subdivision along with the dedication of rights -of -way by the City of Kenai within the subdivision. A part of this subdivision allowed for the reconfiguration of a portion of the eastern property line along newly named Ninilchik Circle which terminates at the northwestern corner of the subject parcel with half a cul-de-sac. To create the second half remainder of the cul-de- sac for Ninilchik Circle, this plat proposes to reconfigure the northwestern corner of the subject parcel into the second remaining half of a 60-foot wide right-of-way cul-de-sac. This would allow for the completion of Ninilchik Circle and vehicle turn around and access to the subject parcel as well as lots located in Radar Subdivision Block 3, located north of the subject parcel. As a part of the reconfiguration of the western property line, the Applicant proposed to vacate the additional remaining approximately 200-foot long 30-foot wide portion of Ninilchik Circle which runs along the western property line. By vacating this right-of-way it would allow for western property line to be reconfigured into a single line terminating at the southwestern corner of the subject parcel. The right-of-way for Ninilchik Circle is 60 feet in width; the portion within the boundary of Shoreline Heights 2014 Addition was vacated by the Revised Preliminary Plat of said subdivision. This plat proposes to vacate the 30-foot wide right-of-way of Ninilchik Drive along the southern portion of the subject parcel. This right-of-way is no longer needed for access to the subject parcel or to Shoreline Heights Subdivision. Access is granted to the subject parcel from the Kenai Spur Highway. Therefore, vacation of this right-of-way would be consistent with the vacation of the 30-foot right-of-way by the Revised Preliminary Plat of Shoreline Heights 2014 Addition. This plat also proposes to vacate utility easements that are located within the subject parcel. A 10-foot wide by approximately 300-foot in length changing to a 20-foot by approximately 450-foot in length utility easement runs in a north -south direction through the center of the subject parcel. Finally, a 20-foot by approximately 350-foot utility easement is located in an east -west direction within the subject parcel. These utility easements were created by the plat of Radar Subdivision Block 3, plat number K- 706. These easements are not being utilized and can therefore be vacated. RECOMMENDATIONS The replat will vacate the 30-foot wide by approximately 200 feet long portion of Ninilchik Circle and reconfigure the northeastern corner of the subject parcel to a half cul-de-sac. It will also vacate the 30-foot right-of-way of Ninilchik Drive which runs along the full length of the southern boundary of subject parcel. Finally, it will vacate utility easements, as follows: A 10-foot wide by approximately 300-foot in length changing to a 20-foot by approximately 450-foot in length utility easement runs in a north -south direction through the center of the subject parcel. Finally, a 20-foot by approximately 350-foot utility easement is located in an east -west direction within the subject parcel. These utility easements were created by the plat of Radar Subdivision Block 3, plat number K-706. These easements are not being utilized and can therefore be vacated. PZ14-26 Page 3 The plat of RM THOMPSON SUBDIVISION 2014 ADDITION provides that the 10-foot wide utility easement located along the full length of the northern property line shall be vacated. The Administration of the City of Kenai does not support this vacation because the City would like to retain the utility easement for future development of the surrounding properties. Therefore, staff recommends that the plat be revised to remove the vacation of the 10-foot wide utility easement located along the full length of the northern property line. There is a commercial structure located on Lot 1A-2 of R.M. Thompson Subdivision, 2012 Addition. Plat does not provide any as -built information for the structure; however, if an encroachment exists, the plat does not create nor increase the encroachment. Recommend Approval with the following conditions: A. Further development of the property shall conform to all Federal, State and local regulations. B. The title block of the Preliminary Plat shall be revised to read "2014" Addition. C. The 15-foot utility easements as referenced in Plat Note number 3 shall be drawn on the plat. D. The plat shall be revised to remove the vacation of the 10-foot wide utility easement located along the full length of the northern property line. TTACHMENTS: 1. Resolution No. PZ14-26 2. Preliminary Plat 3. Drawing r =; CITY OF KENAI _ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-26 theu�yaf SUBDIVISION PLAT KENAIALA SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat R.M. THOMPSON SUBDIVISION 2014 ADDITION was referred to the City of Kenai Planning and Zoning Commission on December 10, 2014 and received from Integrity Surveys; and, WHEREAS, that the following right-of-ways and easements within the R.M. THOMPSON SUBDIVISION 2014 ADDITION, all within NE '/ Section 26, Township 6 North, Range 12, Seward Meridian, Alaska within the City of Kenai are no longer needed for public use: 1. Vacate the remaining right-of-way for Ninilchik Circle which is approximately 200 feet in length by 30 foot in width which runs along the western boundary of Lot 1A-3 of the preliminary plat; 2. Vacate the portion of Ninilchik Drive which is approximately 392.16 feet in length and 30 feet in width which runs along the southern boundary of Lot 1A-3 of the preliminary plat; 3. Vacate the 10-foot utility easement lying along the northeasterly boundary of Lot 1A- 3 of the preliminary plat. (this easement is adjacent to lots 3, 4, 5, and 6, Block 3, Radar Subdivision); 4. Vacate the 20 foot utility easement which runs in a north -south direction for approximately 450 feet lying within the interior of Lot 1A-3 of the preliminary plat; 5. Vacate the 20 foot utility easement which runs in a east -west direction for approximately 300 feet lying within the interior of Lot 1A-3 of the preliminary plat; and; WHEREAS, The City of Kenai Administration finds that the 10 foot utility easement located along the full length of the northern property line within the R.M. THOMPSON SUBDIVISION 2014 ADDITION, all within NE 1/4 Section 26, Township 6 North, Range 12, Seward Meridian, Alaska within the City of Kenai is still needed for public use and does not support the vacation of said utility easement; and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned General Commercial and therefore subject to said zone conditions. 2. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 3. Installation agreement or construction of improvements is not required. 4. Status of surrounding land is shown. 5. Utility easements, if required, shall be shown. 6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat does not create nor increase the encroachment. 7. Street names designated on the plat are correct. 8. CONDITIONS: A. Further development of the property shall conform to all Federal, State and local regulations. B. The title block of Preliminary Plat shall be revised to read "2014" Addition. C. The 15-foot utility easements as referenced in Plat Note number 3 shall be drawn on the plat. D. The plat shall be revised to remove the vacation of the 10-foot wide utility easement located along the full length of the northern property line. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE R.M. THOMPSON SUBDIVISION 2014 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of December, 2014. CHAIRPERSON:, ! C,� ATTEST: Uuf eft Tliaiait, Chairperson Sondra Modigh, City Clerk t-p U Z 'l � Fe pin zz � n A 5Q > _ mpg €� & �] Om V\ y `p 600,pol �3� e D mmEst Q a• ,! a all e R. w s Lu . OF BEM HG PUT Q3 W WD B E i ----NOOK n gig, ®----------- ;�` wawTsrK icm-si•------------ � i M3 — �f-- s g4 / � Y't gig. ! / Rigs / 0. / vR�k\G� /' yfi•.'1 g g7 a .-- az o� v tlPIRgs � e� 1p,b kph:%69 loam N N a N N C 0-0 J H Q R s d porn � N � C 42, -r- c rnaNic N W o �= =0 �- L = U) ai Z � R �- 6 m '� 6 O L to N 3 m co t �= c> E rnm 0 w � c ZS 00 0 N y >. O d c cr n m 1- 0 0 E IV ti C\OIII WWAL y�yy -�p� 9 � ' Fes• Ol ex 'cook� - fAg � �" �r/" ,f w • I + � � fir+ �� mow. 11 THIS PAGE INTENTIONALLY LEFT BLANK STAFF REPORT To: Planning & Zoning Commission Date: December 10, 2014 Res: PZ14-27(PZ1 1-0 1 & PZ13-36) GENERAL INFORMATION Applicant: AIX Energy, LLC 832-585-0133 2441 High Timbers Dr., Suite 120 The Woodlands, TX 77380 Requested Action: Transfer of Conditional Use Permit PZ1 1-01 and as Amended by Resolution PZ13-36 Legal Description: Lot 8, Kenai Industrial Park Subdivision Street Address: 700 Marathon Road KPB Parcel No.: 04501044 Existing Zoning: Light Industrial Current Land Use: Gas Manufacturer/Storage and Storage & Disposal of Onsite and Offisite Materials Land Use Plan: Airport Industrial ANAL YS/S The leasehold interest in the above -described property was created by a Lease of Airport Lands between City of Kenai, as Lessor, and Buccaneer Alaska Operations, LLC, as Lessee, and recorded on November 18, 2013, under document number 2013-010986-0. An Assignment of Lease was executed on the 7`h day of November, 2014 between Buccaneer Alaska Operations, LLC, as Assignor and AIX Energy, LLC, as Assignee. Said Assignment of Lease was approved at the November 191" meeting of the Kenai City Council (refer to item G 10 on the attached Action Agenda of the Kenai City Council). Further, Buccaneer Alaska Operations, LLC, Transferor, and AIX Energy, LLC, Transferee, have submitted an Application for Transfer of Conditional Use Permit as provided by KMC 14.20.150(1)(5) and KMC 14.20.158, as follows: • KMC 14.20.150(1)(5) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the some use, but if there is a change in use on the property, a new permit must be obtained. • KMC14.20.158(c) No conditional use permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. AIX Energy, LLC, Transferee, has indicated that it agrees to operate under the terms and conditions of the original Conditional Use Permit PZ11-01 as amended by Resolution PZ13-36. Staff Findings: On January 26, 2011, the Planning & Zoning Commission approved a Conditional Use Permit PZ11-01 to allow Buccaneer Alaska Operations, LLC a conditional use for a Natural Gas Production Facility (gas manufacturer/storage) from the above -described location. Further, on October 23, 2013, the Planning & Zoning Commission approved an Amendment to Conditional Use Permit PZ13-36 to amend the conditional use to Natural Gas Production Facility (gas manufacturer/storage), and operation of Class II Injection Facility (storage/disposal of onsite and offsite materials) from the above -described location. Buccaneer Alaska Operations, LLC has submitted annual reports as required by KMC14.20.150(f), evidencing compliance with the terms and conditions of Conditional Use Permit PZ11-01 as amended by Resolution PZ13-36. Buccaneer Alaska Operations, LLC has acknowledged and consented to the Transfer of Conditional Use Permit PZ11-01 as amended by Resolution PZ13-36. Building Official: There are no building code requirements for granting a Transfer of Conditional Use Permit. RECOMMENDATIONS AIX Energy, LLC, Transferee, has submitted an application for Transfer of Conditional Use Permit to the City of Kenai. The transfer meets the requirements of KMC 14.20.150(i)(5) and KMC 14.20.158(a). The staff hereby recommends approval of the Transfer of Conditional Use Permit PZ11-01 as amended by Resolution PZ13-36, subject to the following conditions: a. Applicant must comply with all Federal, State and local regulations. b. The Assignment of Lease between Buccaneer Alaska Operations, LLC, Assignor, and AIX Energy, LLC, Assignee, was approved by the Kenai City Council on November 12, 2014. c. If there is change of use for the above -described property, a new Conditional Use Permit must be obtained, pursuant to KMC14.20.150(i)(5). ATTACHMENTS: Resolution PZ14-27 Application for Transfer of Conditional Use Permit PZ11-01 Application for Transfer of Amendment to Conditional Use Permit PZ13-36 Conditional Use Permit PZ11-01 Resolution PZ13-36 amending the use of Conditional Use Permit PZ11-01 Assignment of Lease Copy of Action Agenda for the November 12, 2014 City Council Meeting Map of Subject Property "'Villae with a Past, Gi with a Future" . 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenai.ak.us \t�ieut�+pt' V CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-27 TRANSFER OF CONDITIONAL USE PERMIT PZ11-01 AS AMENDED BY RESOLUTION PZ13-36 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT TO: NAME: AIX ENERGY, LLC USE: Natural Gas Production Facility (Gas Manufacturer/Storage), and Operation of Class II Injection Facility (Storage/Disposal of Onsite and Offsite Materials) LOCATED: Lot 8, Kenai Industrial Park Subdivision — 700 Marathon Road KENAI PENINSULA BOROUGH PARCEL NO: 04501044 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sections 14.20.150(i)(5) and 14.20.158(a)has been submitted to the City of Kenai on November 10, 2014; 2. This request is on land zoned as IL - Light Industrial; 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. The Kenai City Council approved the Assignment of Lease between Buccaneer Alaska Operations, LLC, Assignor, and AIX Energy, LLC, Assignee, on November 12, 2014. b. If there is change of use for the above -described property, a new Conditional Use Permit must be obtained, pursuant to KMC14.20.150(i)(5); 4. Applicant must comply with all Federal, State, and local regulations; and NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE NATURAL GAS PRODUCTION FACILITY (GAS MANUFACTURER/STORAGE), AND OPERATION OF CLASS II INJECTION FACILITY (STORAGE/DISPOSAL OF ONSITE AND OFFSITE MATERIALS) MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, HEREBY PASSES RESOLUTION PZ14-27 ON THIS 10" DAY OF DECEMBER , 2014. CHAIRPERSON ., �? /f �� ATTEST: Jeff wait VSdra Modig , City Clerk APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT KMC 14.20.150(i)(5) & 14.20.158 CURRENT CUP HOLDER TRANSFEROR NEW CUP HOLDER TRANSFEREE Name: BUCCANEER ALASKA OPERATIONS, LLC Name: AIX ENERGY LLC Mailing Address: 1301 McKinney St., Suite 2025 Mailing Address: 2441 High Timbers Dr, Suite 120 City, State Zip: Houston, Texas 77010 City, State Zip: The Woodlands, Texas 77380 Phone Number: 713-650-0500 Phone Number: 832-813-0900 Fax Number: 713-650-0502 Fax Number: 832-585-0133 Email: bgaston@conwaymacenzie.com Email: wsheasbyQbrantaep.com PROPERTY INFORMATION FOR EXISTM CONDITIONAL USE PERMIT Property Tax ID #: 04501029 Current CUP Resolution #: PZ11-01 Site Street Address: 700 Marathon Road Current Legal Description: See Attached Zoning: IL - Light Industrial Acreage: N/A PROPERTY INFORMATION FOR PROPOSED CONDITIONAL USE PERMIT - IF DIFFERENT Property Tax ID #: Site Street Address: Current Legal Description: Zoning: Acreage: CERTIFICATION OF TRANSFEREE: I hereby certify that I am the property owner (transferee), or have been authorized to act on behalf of the property owner', and hereby apply for a transfer of Conditional Use Permit PZ 11-01 . I agree to operate under the terms and conditions of the original Conditional Use Permit and application. I understand site visits may be required to process this application for purpose of confirming compliance with conditional use permit conditions. 11/7/14 Transferee Siqnature: Bates, Man ACKNOWLEGEMENT OF TRANSFEROR: I hereby acknowledgd_#Miat AIX ENERGY LLC (name of Transferee) has applied for a transfer of Conditional Use Permit PZ 11 -0 1 , and consent to the transfer. 11 /7/14 Transferor Siqnature: Revised 11/6/2014 John T. Young, Jr., Chief Restructuring Officer 'Requires sufficient written approval. Revised 11 /6/2014 APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT KMC 14.20.150(i)(5) & 14.20.158 CURRENT CUP HOLDER(TRANSFEROR) NEW CUP HOLDER (TRANSFEREE) Name: BUCCANEER ALASKA OPERATIONS, LLC Name: AIX ENERGY LLC Mailing Address: 1301 McKinney St., Suite 2025 Mailing Address: 2441 High Timbers Dr, Suite 120 City, State Zip: Houston, Texas 77010 City, State Zip: The Woodlands, Texas 77380 Phone Number: 713-650-0500 Phone Number: 832-813-0900 Fax Number: 713-650-0502 Fax Number: 832-585-0133 Email: bgaston@conwaymacenzie.com Email: wsheasby@brantaep.com PiI I IRTY INFORMATION FOR EXISTING CONDITIONAL USE PERW Property Tax ID #: 04501044 Current CUP Resolution #: PZ13-36 Site Street Address: 700 Marathon Road Current Legal Description: See Attached Zoning: IL - Light Industrial Acreage: N/A PI OPEI TY INFORMATION FOR_PROPOSED f NDITIONAL U$J PERMIT W IF I}IFFE�MIN Property Tax ID #: Site Street Address: Current Legal Description: Zoning: Acreage: CERTIFICATION OF TRANSFEREE: I hereby certify that I am the property owner (transferee), or have been authorized to act on behalf of the property owner', and hereby apply for a transfer of Conditional Use Permit PZ 13-36 . I agree to operate under the terms and conditions of the original Conditional Use Permit and application. I understand site visits may be required to process this application for purpose of confirming compliance with conditional use permit conditions. 11 /7/14 Transferee Signature: ACKNOWLEGEMENT OF TRANSFEROR: I hereby acknowledge t1at AIX ENERGY LLC (name of Transferee) has applied for a t nsfer of Conditional Use Permit PZ 13-36 , and consent to the transfer. 11/7/14 John T Young, Jr., Chief Restructuring Officer Date: Transferor Signature: Revised 11 /6/2014 'Requires sufficient written approval. Revised 11/6/2014 MI %.11a e LviM a Past, n LvA a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11-01 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: BUCCANEER ALASKA OPERATIONS LLC USE: NATURAL GAS PRODUCTION FACILITY Gas Manufacturer/Storage) LOCATED: A PORTION OF T 6N R 11 W SECTION 33 SEWARD MERIDIAN THE W1/2 LYING NORTH OF KENAI SPUR HIGHWAY EXCLUDING BARON PARK SUBDIVISION NO 7 & NO 12 — 700 MARATHON ROAD (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04501029 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: JanuM 5 2011 2. This request is on land zoned: IL — Light Industrial That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. All permits required from City, State, and Federal agencies must be approved prior to construction of the facility. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: January 26, 2011. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED GAS MANUFACTURE/STORAGE FACILITY MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 26 2011. �. �s CHAIRPERSO F I ATTEST: u ..Villa e LvA a last Gi with •� 9 t a F. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13-36 (PZ11-01) CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Buccaneer Alaska O erations LLC USE: Amend Conditional Me Permit fn*. +z.,. LOCATED: Lot S Kenai Industrial Park Subdivision & NO 12 — 700 Marathon Road (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04501044 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20,150 has been submitted and received on: October 6 2013 2. This request is on land zoned: IL — Light Industrial 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. All permits required from City, State, and Federal agencies must be approved prior to construction of the facility. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: October 23, 2013. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE Natural Gas Production Facility Gas Manufacturer/Storage), and Operation of Class H In'ection Facili Store e/Dis osal of Offite and Offsite Materials) THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, October 23 201 CHAIRPERSON ATTES ASSIGNMENT OF LEASE This ASSIGNMENT is entered into between BUCCANEER ALASKA OPERATIONS, LLC, whose address is c/o Conway MacKenzie, 1301 McKinney St., Suite 2025, Houston, Texas 77010 (Assignor), and AIX ENERGY LLC, whose address is 2441 High Timbers Drive, Suite 120, The Woodlands, TX 77380 (Assignee). Assignor does hereby assign and transfer all of Assignor's interest in the leasehold estate as provided by that certain Lease of Airport Lands with the CITY OF KENAI as Lessor, entered into on October 18, 2013 and recorded at 2013-010986-0, Kenai Recording District and for the following -described property: Lot 8, Kenai Industrial Park Subdivision to Assignee to have and to hold the same from the date hereof, for and during all of the remainder of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease. This Assignment of Lease is effective beginning on, the first (P) day of October, 2014. ASSIGNOR: BUCCANEER ALASKA OPERATIONS, LLC By: Name: John T: Youn , Jr. Title: Chief Restructuring Officer ASSIGNEE: AIX EN GY, LLC By: Name: Randyter3 ates Title: Mana Assignment of Lease — Lot 8, Kenai Industrial Park Subdivision Page 1 of 2 State of Texas ) ) ss County of Harris } The foregoing instrument was acknowledged before me this 17-01 day of November, 2014, by John T. Young, Jr., Chief Restructuring Officer of BUCCANEER ALASKA OPERATIONS, LLC, an Alaska limited liability company, on behalf of said limited liability company. Notary PulAic of Texas My Commission Expires: SHIRLEY T WILSON (� i N*u,RY PUSUC, STATE OF TEXAS State of Texas } a MY COWAISSION EXPIRES ) ss 11' of DEC. 5, 2017 County of Harris } lllll!!I!!./Y�/./!!!✓!l!!I. The foregoing instrument was acknowledged before me this T' day of November, 2014, by Randy A. Bates, Manager of AIX ENERGY, LLC, a Delaware limited liability company, on behalf of said limited liability company. Approved as to form: Scott Bloom, City Attorney Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 -j" j G dJd Notary PAIlic of Texas My Commission Expires: �C/l.IIYl✓1lllll✓././Ylll✓!l✓✓{; c� 01 YP�e SHIRLEY T WILSON l� NOTARY PUBLIC, STATE OF TEXAS t1 1111 as MY COMMISSION EXPIRES 11 of DEC. 5, 2017 I././lJ'lll./r/.Ille�ll,/,/,r,Illll� Assignment of Lease — Lot 8, Kenai Industrial Park Subdivision Page 2 of 2 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING NOVEMBER 19, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment 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 PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 2798-2014 — Increasing Estimated Revenues and Appropriations by $16,515 in the Senior Citizen Fund, for Supplemental Nutrition, Transportation, and Support Services Grant Funding Received for Fiscal Year 2015. 2. ENACTED UNANIMOUSLY. Ordinance No. 2799-2014 — Consenting to the Vacation of Certain Right -of -Ways within the Shoreline Heights 2014 Addition Subdivision. 3. ADOPTED UNANIMOUSLY. Resolution No. 2014-66 — Awarding an Agreement to Univar USA, Inc. to Furnish and Deliver Chemicals. 4. ADOPTED UNANIMOUSLY. Resolution No. 2014-67 — Authorizing Amendment to the City's Health Care Flexible Spending Arrangement Flexible Benefits Plan Document. 5. ADOPTED UNANIMOUSLY. Resolution No. 2014-68 — Awarding an Agreement to K+A Designstudios for the Professional Architectural and Design Services for the Multipurpose Facility Upgrades. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of November 5, 2014 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action/Approval — Bills to be Ratified. 2. APPROVED BY CONSENT AGENDA. *Action/Approval — Purchase Orders Exceeding $15,000. 3. INTRODUCED BY CONSENT AGENDA/SCHEDULED PUBLIC HEARING 1213114. *Ordinance No. 2800-2014—Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. 4. INTRODUCED BY CONSENT AGENDA/SCHEDULED PUBLIC HEARING 1213114. *Ordinance No. 2801-2014 — Accepting and Appropriating a Grant from the State of Alaska Library for Employee Travel and Training. 5. APPROVED UNANIMOUSLY. Action/Approval — Appoint Council Liaisons to Commissions, Committees, and Council on Aging. 6. APPROVED UNANIMOUSLY. Action/Approval — Mayoral Nomination and Council Confirmation to Appoint Paul Minelga to the Airport Commission. 7. APPROVED. Action/Approval — Mayoral Nomination and Council Confirmation to Appoint Holly Spann to the Parks & Recreation Commission. 8. MAYOR NOMINATED JAMES GLENDENING. Action/Approval — Mayoral Nomination and Council Confirmation to Appoint an Applicant to the Planning and Zoning Commission. 9. APPROVED AS AMENDED. Action/Approval — Assignment of Lease between Buccaneer Alaska Operations, LLC and AIX Energy LLC for Lease of Airport Lands described as Tract A-2, Kenai Spur Airport Lease Property. 10. APPROVED AS AMENDED. Action/Approval — Assignment of Lease between Buccaneer Alaska Operations, LLC and AIX Energy LLC for Lease of Airport Lands described as Lot 8, Kenai Industrial Park Subdivision. Kenai City Council Meeting Page 2 of 4 November 19, 2014 11. RELATED POLICIES & KMC TO BE FURTHER DISCUSSED. Discussion — Purchasing Policy. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS 1. Action/Approval — Special Use Permit Between the City Of Kenai and Hilcorp Alaska, LLC for Parking of 37 Non -Commercial Passenger Vehicles in Designated Areas at the Kenai Municipal Airport. (Clerk's Note: At its November 5rh meeting, Council postponed this item to the December 31.1 2. Action/Approval — Consent to Sublease between Dan O. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision, South Addition No. 2. [Clerk's Note: At its November 5th meeting, Council postponed this item to the December 3rd.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 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 Kenai City Council Meeting Page 3 of 4 November 19, 2014 Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231. Kenai City Council Meeting Page 4 of 4 November 19, 2014 . . 0 I I . 'Adift ok 4L , WFFF yj 14 R A- IMM;j 'i : #4�- - k �% - I % � Sri Cp -j 0 0 --j DI _In 3 7 7T , CD C:D 0 0 0 fA 0 /J///\ CL 0 CD 'R 3 CD =1 =r CD 0 C: i OL T. w 2 aRL un 0 CD o< U) C) CD CD (n C) in c X/ CO cr ch o 3 u cD CD Li M (n E; 0 m tl- THIS PAGE INTENTIONALLY LEFT BLANK ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING DECEMBER 3, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. BRIAN GABRIEL ELECTED. Election of Vice Mayor 4. Agenda Approval 5. Consent Agenda (Public comment 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 PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS ENACTED UNANIMOUSLY. Ordinance No. 2800-2014 — Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. 2. ENACTED UNANIMOUSLY. Ordinance No. 2801-2014 — Accepting and Appropriating a Grant from the State of Alaska Library for Employee Travel and Training. ADOPTED UNANIMOUSLY. Resolution No. 2014-69 — Adopting an Alternative Allocation Method for the FY15 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. 4. ADOPTED UNANIMOUSLY. Resolution No. 2014-70 — Amending Article IV, Rents and Fees of the Lease Form for Airport Reserve Lands between the City of Kenai and Legacy Electric, LLC for Lot 2, Block 1, General Aviation Apron, Located within the Airport Reserve. E. MINUTES 1. APPROVED BYCONSENTAGENDA. *Regular Meeting of November 19, 2014 2. APPROVED BY CONSENT AGENDA. *Work Session Notes of November 20, 2014 F. UNFINISHED BUSINESS 1. APPROVED AS AMENDED. Action/Approval —Special Use Permit Between the City Of Kenai and Hilcorp Alaska, LLC for Parking of 37 Non -Commercial Passenger Vehicles in Designated Areas at the Kenai Municipal Airport. [Clerk's Note: At its November 5`h meeting, Council postponed this item to the December 3`d.] 2. APPROVED AS AMENDED. Action/Approval — Consent to Sublease between Dan 0. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision, South Addition No. 2. [Clerk's Note: At its November 5t' meeting, Council postponed this item to the December 3' G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action/Approval —Bills to be Ratified 2. APPROVED BY CONSENT AGENDA. *Action/Approval —Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON 12/17. *Ordinance No. 2802-2014 — Amending KMC 22.05.110 — Determination as to Need for Public Use, to Provide for Exceptions to the Requirement that Council Consider Acquisition and Disposal of Right -of -Ways and Easements by Ordinance for Plats and Vacations. 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON 12/17. *Ordinance No. 2803-2014 — Amending Chapter 4.25 — Uniform Plumbing Code, to Adopt the 2012 Edition of the Uniform Plumbing Code, as Amended by the State of Alaska with Local Administrative Amendments, which Code also Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar Energy Code, 5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON 12117. *Ordinance No. 2804-2014 — Increasing Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2015 Projected Expenditures. 6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON 12/17. *Ordinance No. 2805-2014 — Accepting and Appropriating Supplemental Grant Funding from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project. Kenai City Council Meeting Page 2 of 4 December 3, 2014 7. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON 12117. *Ordinance No. 2806-2014 — Increasing Estimated Revenues and Appropriations by $66,847 in the Airport Fund and in the Airport Improvement Capital Project Fund and Redirecting Previously Appropriated Amounts from Completed Airport Projects or Projects with Excess Airport Matching Funds for the Small Taxiways and Aircraft Tie Down Rehabilitation Project. 8. APPROVED UNANIMOUSLY. Action/Approval — Council Confirmation to Appoint James Glendening to the Planning and Zoning Commission. CURRENT CONTRACT EXTENDED UNTIL 1131115. Action/Approval — Approving an Employment Agreement between the City of Kenai and City Clerk Sandra Modigh. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — Discussion and Negotiation of the City Clerk's Employment Agreement, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City and a Subject that Tends to Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(1)(2)]. M. PENDING ITEMS — None N. ADJOURNMENT **************************************************************************************************** Kenai City Council Meeting Page 3 of 4 December 3, 2014 INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Notification of the Renewal of the Alaska State Elks Association Gaming Permit. 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. Kenai City Council Meeting Page 4 of 4 December 3, 2014 /o & MEMBERS Paulette Bokenko- Carluccio City of Seldovia Term Expires 2015 Alice Joanne Collins Anchor Point / Ninilchik Term Expires 2016 Sandra Holsten East Peninsula Term Expires 2016 Blair Martin Kalifornsky Beach Term Expires 2015 Robert Ruffner Clam Gulch/Kasilof Term Expires 2015 ALTERNATES James Isham Sterling Term Expires 2015 Paul Whitney City of Soldotna Term Expires 2017 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. November 24, 2014 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. November 10, 2014 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Alaska Tideland Survey No. 1689............................................................ 1 KPB File 2014-151 [Cline/State of Alaska] Location: In Resurrection Bay Southeast of Caines Head 2. Pettifogger's Place Three Sub. Bailey Addition ...................................... 19 KPB File 2014-152 [Integrity/Bailey] Location: On Madsen Ave in Cohoe Area 3. Marriot Sub 2014 Addn........................................................................... 39 (Postponed from October 27, 2014 meeting) KPB File 2014-146 [Integrity/Hanson, McCorison] Location: On Nenana Avenue in Sterling 4. Moose Range Meadows 2014 Addition (Revised Preliminary) .............. 64 KPB File 2014-081 [Integrity/Salamatof Native Assoc.] Location: On Funny River Road in Soldotna 5. John Caston's Industrial Park Sub 2014 Addn. 99 KPB File 2014-154 [Integrity/College Heights Baptist Church] Location: On Kalifornsky Beach Rd 6. Triple C Subdivision..............................................................................118 KPB File 2014-153 [Ability/Holmes] Location: On Fox Ave in City of Kenai F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, December 15, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone:907-714-2215 Fax:907-714-2378 Phone: toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: planninq@borough.kenai.ak.us web site: http://www.borough.kenai.ak.us/planning-dept/planning-home Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2015 Philip Bryson Chairman Kenai City Term Expires 2016 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2016 Cindy Ecklund PC Member City of Seward Term Expires 2017 Dr. Rick Foster Parliamentarian Southwest Borough Term Expires 2017 Sandra Key Holsten PC Member East Peninsula Term Expires 2016 James Isham PC Member Sterling Term Expires 2015 Harry Lockwood PC Member Ridgeway Term Expires 2016 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2015 Robert Ruffner PC Member Kasilof/Clam Gulch Term Expires 2015 VACANT PC Member Northwest Borough Term Expires 2017 Franco Venuti PC Member Homer City Term Expires 2016 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 November 24, 2014 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL 1. Election of Officers (Chairman, Vice Chairman and Parliamentarian) C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non -controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Request a. Eastberg-Dominish Tracts Bergevin Addn KPB File 2011-018; Johnson/Bergevin Location: On Murray Lane in Soldotna *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval ............... *4. Plats Granted Final Approval (20.10.040) - None *5. Plat Amendment Request - None *6. Utility Easement Vacations - None *7. Commissioner Excused Absences *8. Minutes a. November 10, 2014 Plat Committee Minutes b. November 10, 2014 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made. E. UNFINISHED BUSINESS 1 1 4 Paul Whitney PC Member City of Soldotna Term Expires 2017 Max J. Best Planning Director Mike Navarre Borough Mayor F G H K. L. M. N. 0. P. Q. PUBLIC HEARINGS Vacate a portion of Equestrian Avenue, a 60-foot.......................... right-of-way. The south 30-feet adjacent to Tract 5 and the north 30-feet adjacent to Tract 3 dedicated by Kingswood Estates Subdivision (Plat KN76-22), also shown on Kingswood Estates Subd. Nelson Addition (Plat KN 92-7), and on Kingswood Estates Subd. Jolly Addition (Plat KN 93-74); and vacate the 10- foot associated utility easements adjacent to the right-of-way requested for vacation; within Section 30, Township 5 North, Range 11 West, Seward Meridian, Alaska and within the KPB. File 2014-149. Petitioners: Richard R and Mary C. Homan & Gary G. Swan and Ravin E. Swan (Seaman) all of Kenai, Alaska. Location: On Baranof Street off of Kalifornsky Beach Rd. 11 Resolution 2014-_; Authorizing The Acquisition by Donation ............... 29 of Real Property Located in the East Half of U.S. Survey 722 More Particularly Described in Document No. 2004-001665-0, Seward Recording District on Behalf of the Seward -Bear Creek Flood Service Area ANADROMOUS WATERS HABITAT PROTECTION (KPB 21.18) - None VACATIONS NOT REQUIRING A PUBLIC HEARING - None SPECIAL CONSIDERATIONS - None SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 6 preliminary plats. OTHER/NEW BUSINESS ASSEMBLY COMMENTS LEGAL REPRESENTATIVE COMMENTS DIRECTOR'S COMMENTS COMMISSIONER COMMENTS PENDING ITEMS FOR FUTURE ACTION ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Seward Planning & Zoning Commission Meeting Minutes - October 7, 2014 44 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, December 15, 2014 at Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point November 18, 2014 7:00 p.m. Chamber of Commerce December 9, 2014 Cooper Landing Cooper Landing Community Hall December 10, 2014 6:00 P.M. Hope / Sunrise Hope Social Hall December 11, 2014 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: tannin boron h.kenai.ak.us web site: ht'Lf):l/www.borough.kenai.ak.us/olanninq deptlplannincq-home THIS PAGE INTENTIONALLY LEFT BLANK