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Home My WebLink About2013-02-27 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 27, 2013 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences *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: a. *February 13, 2013 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ13 -10 — Preliminary Plat — Mommsen's Subdivision Addition 1 —Riley Replat (A subdivision of Lot 5 and Lot 6, Block 7 of Mommsen's Subdivision Addition No. 1.) Plat submitted by Terry Eastham, 33986 Community College Drive, Soldoma, Alaska. 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: March 13, 2013 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI ou PLANNING & ZONING COMMISSION FEBRUARY 13, 2013 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. c. Agenda Approval Chair J. Twait, H. Knackstedt, K. Peterson, C. Smith, J. Arness P. Bryson, B. Shiflea (excused) City Planner M. Kebschull, Planning Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Administration requested the following additions and changes to the agenda: ADD TO: 5 -b: PZ13 -07 • Emails from Chuck Winegarden, Petria Falkenberg, Curt Wilcox, Colleen Ward • Letters from Peter O. Hansen, Gerald Brookman, Jim Richardson ADD TO: 5 -c: Revocation of PZ06 -26 • Amended staff comments, amended resolution, and email from Steve Voth • Memo from Jim Richardson ADD TO: 5 -d: Revocation of PZ97 -13 • Amended staff comments, amended resolution and fax from Kenai Peninsula Borough ADD TO: 5 -e: Revocation of PZ10 -43 • Amended resolution ADD: 7 -c: Discussion — Planning and Zoning Commission Meeting Time Commissioner Knackstedt requested the Commission move 5 -c, 5 -d and 5 -e before 5 -b. MOTION: Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner Arness SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Smith MOVED to approve the consent agenda and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. e. *Excused Absences • Commissioner Shiflea Approved by consent agenda. *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 --January 23, 2013 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT —None. 4. CONSIDERATION OF PLATS a. PZ13 -08 —Preliminary Plat —Thompson Park 2013 Replat (A replat of Thompson Park One Stop Replat, Plat 2000 -19). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with no contingencies. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -08 and Commissioner Smith SECONDED the motion. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 2 a. PZ13 -06 —An application for a Variance Permit for a variance from KMC 14.25.045(d)(1) — paving for the property known as Tract 1, Baron Park 2012 Addition (550 Daubenspeck Circle). Application submitted by Rick Koch, City Manager for City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the application met the following criteria: • Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. • The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. • The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. • The granting of the variance shall not be based upon other non - conforming land uses or structures within the same land use or zoning district. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -06 and Commissioner Peterson SECONDED the motion. Twait opened the meeting to public hearing. Mark Schrag, 312 Princess — Mr. Schrag inquired if the notification had been done properly. Kebschull reported notices were sent to land owners within 1000 feet of the property, notice was posted on the property and a photograph was taken of the sign. There being no one else wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal procedure. c. Revocation hearing revoking Conditional Use Permit PZ06 -26 — Steve & Rick Voth dba Captain Bligh's Beaver Creek Lodge (Lodging & Guide Service) —1045 Angler Drive (Lot 5, Angler Acres SD #3). Kebschull and Planning Assistant Carver reviewed the staff report and lay downs pertaining to this issue. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 3 MOTION: Commissioner Knackstedt MOVED to approve the revocation and Commissioner Arness SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Commissioner Smith MOVED to postpone the revocation to no later than May 8, 2013. Due to a lack of second, the motion was not discussed or considered. VOTE ON MAIN MOTION: Commissioners voting YEA: Commissioners voting NAY: MOTION FAILED. Knackstedt, Amass, Peterson Smith, Twait Twait read the 15 day appeal procedure. BREAK: 7:52 P.M. BACK TO ORDER: 7:58 P.M. MOTION: Commissioner Knackstedt MOVED to postpone the revocation hearing revoking PZ06 -26 to the March 27 meeting and Commissioner Peterson SECONDED the motion. VOTE ON POSTPONEMENT: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. d. Revocation hearing revoking Conditional Use Permit PZ97 -13 —Abby Ala dba Ridgeway Farms (Greenhouse, Retail flowers /vegetable sales) — 5220 Strawberry Road (Tract B, Nicole Estates). Kebschull reviewed the staff report and lay down and recommended dismissing the revocation. BREAK: 8:08 P.M. BACK TO ORDER: 8:13 P.M. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 4 MOTION: Commissioner Knackstedt MOVED to approve PZ97 -13 by substitution and Commissioner Peterson SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. e. Revocation hearing revoking Conditional Use Permit PZ10 -43 — K. Theresa Hoogland dba Elevated Investments LLC — (Short term rentals) — 412 N. Forest Drive (Govt. Lot 15). Kebschull reviewed the staff report and lay down and recommended dismissing the revocation. MOTION: Commissioner Knackstedt MOVED to approve PZ10 -43 by substitution and Commissioner Arness SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. BREAK: 8:18 P.M. BACK TO ORDER: 8:23 P.M. [Clerk's Note: The break was taken to allow commissioners time to read all lay downs pertaining to PZ13 -07. As per the agenda approval, 5 -c, 5 -d, and 5 -e were moved before 5 -b.] b. PZ13 -07 —A resolution of the Kenai Planning and Zoning Commission recommending approval and adoption of the Comprehensive Plan for the City of Kenai to the Kenai City Council. Kebschull reviewed the staff report and lay down. MOTION: PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 5 Commissioner Knackstedt MOVED to approve PZ13 -07 and Commissioner Arness SECONDED the motion. Twait opened the meeting to public hearing. Gerald Brookman, 715 Muir— Mr. Brookman read his letter included in the lay down. Laura Sievert, 3329 Beaver Loop — Ms. Sievert requested the commission reconsider the latest land use changes along the Kenai Spur Highway and Angler Drive. Mark Schrag, 312 Princess — Mr. Schrag expressed his belief the plan did not take into consideration the public comments from the April 12, 2012 meeting. Kristine Schmidt, 513 Ash Avenue — Ms. Schmidt expressed her disappointment in the process. There being no one else wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. 6. UNFINISHED BUSINESS — None. 7. NEW BUSINESS a. Discussion — Capital Improvement Projects Priority Lists — Harbor & Parks & Recreation Commission & Beautification Committee. Kebschull reviewed the memo included in the packet. b. Discussion /Set Public Hearing — PZ13 -09 — A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.24.020 General Requirements - Development Requirements Table by altering setback requirements for residential uses, and merging KMC 14.24.030 into KMC 14.24.020 and deleting KMC 14.24.030. Carver reviewed the history of the issue and advised a work session would be set for the February 27 meeting. c. Discussion —Commission Meeting Time Kebschull polled the commissioners regarding their preferences on starting the meetings at 6:00 versus 7:00. Council Member Molloy would relay the information to Council. 8. PENDING ITEMS — None. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 6 9. REPORTS a. City Council —Council Member Molloy reviewed the February 6 personal use fishery work session and the February 6 Council meeting; thanked the commissioners on their work on the Comprehensive Plan; and, noted the personal use fishery work session on February 26. b. Borough Planning — No report. c. Administration — Kebschull announced her April 30, 2013 retirement. 10. PERSONS PRESENT NOT SCHEDULED Mark Schrag, 312 Princess — Mr. Schrag noted his frustration that more people do not attend the meetings and felt those attending needed to feel heard. 11. INFORMATION ITEMS a. Annual Reports — Extraction of Natural Resources b. Kenai's Capital Request — 2013 Legislative Session 12. NEXT MEETING ATTENDANCE NOTIFICATION — February 27, 2013 13. COMMISSION COMMENTS & QUESTIONS — None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:47 p.m. Minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 7 u. STAFF REPORT 9940 To: Planning & Zoning Commission Date: February 12, 2013 Res: PZ13 -10 GENERAL INFORMATION Applicant: Terry Eastham 262 -1951 33986 Community College Drive Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat — Mommsen's Subdivision Addition ANALYSIS This plat reconfigures two parcels. The subdivision is located in the Suburban Residential zone. The minimum lot size in the zone is 7200 square feet. The minimum width in the zone is 60 feet. This subdivision will result in two parcels. Lot 6A is 75 feet wide and 150 feet deep, 11,250 square feet. Lot 5A is 100 feet wide and 150 feet deep, 15,000 square feet. The property is accessed off First Street, a City paved street. Water service is available through an easement at the rear of the lots. Sewer is available from a main which runs down First Street. An installation agreement is not required. RECOMMENDATIONS This subdivision reconfigures two lots. The property is located in the Suburban Residential zone. The resulting lots meet the development requirements for the zone. City water and sewer is available to serve the subdivision. The property is accessed off a City maintained right -of -way. An installation agreement is not required. Recommend approval with no contingencies. ATTACHMENTS: 1. Resolution No. PZ13 -10 2. Preliminary Plat 1 — Riley Replat Legal Description: Lot 5 and Lot 6, Block 7 of Mommsen's Subdivision Addition No. 1 (Plat 1241) Street Address: 1010 First Street KPB Parcel No.: 03912204 Existing Zoning: RS — Suburban Residential Current Land Use: Vacant Land Use Plan: Neighborhood Residential ANALYSIS This plat reconfigures two parcels. The subdivision is located in the Suburban Residential zone. The minimum lot size in the zone is 7200 square feet. The minimum width in the zone is 60 feet. This subdivision will result in two parcels. Lot 6A is 75 feet wide and 150 feet deep, 11,250 square feet. Lot 5A is 100 feet wide and 150 feet deep, 15,000 square feet. The property is accessed off First Street, a City paved street. Water service is available through an easement at the rear of the lots. Sewer is available from a main which runs down First Street. An installation agreement is not required. RECOMMENDATIONS This subdivision reconfigures two lots. The property is located in the Suburban Residential zone. The resulting lots meet the development requirements for the zone. City water and sewer is available to serve the subdivision. The property is accessed off a City maintained right -of -way. An installation agreement is not required. Recommend approval with no contingencies. ATTACHMENTS: 1. Resolution No. PZ13 -10 2. Preliminary Plat M.4 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -10 SUBDIVISION PLAT 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 MOMMSEN'S SUBDIVISION ADDITION 1— RILEY REPLAT was referred to the City of Kenai Planning and Zoning Commission on February 6, 2013, and received from Terry Eastham, Surveyor. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Suburban Residential (RS) and therefore subject to said zone conditions. 2. Water and sewer: Available. 3. 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. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. None. NOW, THEREFORE; BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE MOMMSEN'S SUBDIVISION ADDITION 1— RILEY REPLAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 27, 2013. CHAIRPERSON: ATTEST: N N IJ Y I`— r I� N p I � n 1 t Ee. -- °ntVP 4 o V I 1 338IS 0N0:)3S ,O's [ 1 M/a ,09 133 8 1 S 1S2di.i ltl-1 d 3)J 30(110 i zz a O O Y7 4 Y t0 Z Iv Q Q m ZO 0 w to @ M r •- C N _ Z Q = G N y N m Z r x f/1 C Q QW DN o J0 o�L"' Z m� J N~ Q mo No 2z 3 w Z N O D U') « w O (O E s Q O n r E w x a K Wu R Z J W— N = c -0'001 ip a Cf.) x ? o s W u G o m H n n ).11'7110 ,01 u r N u tJ H w' c OJ3 u ; U� N Y O N LL ,O's [ 1 M/a ,09 133 8 1 S 1S2di.i ltl-1 d 3)J 30(110 i zz a Z Iv Q Q m ZO 0 w to @ M r N _ Z r W y O z J0 � W 3 Q -0'001 1N 3N 3TV3 ).11'7110 ,01 I w' ? I Q w Z -o tG o - 1-I - 10 d "0 0 01 O ■ _ Q p O 0 a. F– p ° V O N '" i' O 0 > J = J- 01 LLI 3NIl aA4 ®131: 19N7011N s2 m ,0 "4i i ,0'001 N ,O's [ 1 M/a ,09 133 8 1 S 1S2di.i ltl-1 d 3)J 30(110 - MOS13N a Z Q m 0 0 w to @ M N y O z J0 3 A. C. L0 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 20, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us 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. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker, thirty (30) minutes aggregated) ENACTED AS AMENDED. Ordinance No. 2675 -2013 — Amending the Kenai Municipal Code Section 14.20.300 Appeal to Superior Court, to Specify That Appeals of Board of Adjustment Decisions May Only Be Taken to the Superior Court in Kenai, Alaska by an Interested Party. [Clerk's Note: Ordinance No. 2675 -2013 was postponed from the February 6 meeting to the February 20 meeting.] 2. ENACTED UNANIMOUSLY. Ordinance No. 2676 -2013 — Increasing Estimated Revenues and Appropriations by $3,260 in the General Fund for Police Forensic Software Reimbursements from Internet Crimes Against Children (ICAC). 3. ENACTED UNANIMOUSLY. Ordinance No. 2677 -2013 — Increasing Estimated Revenues and Appropriations by $15,000 in the Council on Aging Special Revenue Fund for the Purchase of Radios to Become Compliant with Federal Communications Commission Regulations Regarding Narrow Band Radio Frequencies. 4. ENACTED UNANIMOUSLY. Ordinance No. 2678 -2013 — Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. 5. APPROVED UNANIMOUSLY AS AMENDED. Resolution No. 2013 -06 — Respectfully Requesting that the Alaska Board of Fisheries Meeting, Scheduled for January 29, 2014 Through February 11, 2014, to Consider Upper Cook Inlet Finfish Issues, be Held on the Central Kenai Peninsula. 6. APPROVED UNANIMOUSLY. Resolution No. 2013 -07 — Authorizing the Police Department to Accept Ownership of a Vehicle Forfeited in a Federal Investigation. (Clerk's Note: Council may enter into executive session pursuant to AS 44.62.310 (c)(4) for further discussion.] APPROVED UNANIMOUSLY. Resolution No. 2013 -08 — Awarding a Bid for Voice Over IP Equipment to B2 Networks LLC. at a Total Cost of $70,382.60. APPROVED UNANIMOUSLY. Resolution No. 2013 -09 — Approving the Purchase of a Trackless MT6 with Snow Blower Attachment from Yukon Equipment Inc. for an Estimated Cost of $139,613. FAILED. Resolution No. 2013 -10 — Approving and Adopting Management Alternative Three for Management of Fish Waste and Other Solid Waste for the 2013 Personal Use Fishery. 10. REMOVED BYAPPROVAL OF AGENDA. Resolution No. 2013 -11 — Accepting a Grant in the Amount of $200,000 from the U.S. Soccer Foundation for the Installation of a Turf Soccer /Football Field at Kenai Central High School. 11, APPROVED UNANIMOUSLY. Resolution No. 2013 -12 — Authorizing a Budget Transfer within the General Fund — Non - Departmental to the City Manager's Department for Outside Legal Services for Building Code Enforcement. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Work Session Notes of February 6, 2013 (Dipnet Fishery) 2. APPROVED BY CONSENT AGENDA. *Regular Meeting of February 6, 2013 F. UNFINISHED BUSINESS 1. EXTENSION APPROVED UNTIL APRIL 24, 2013. Discussion /Action — City of Kenai Boards, Committees, and Commissions [Clerk's Note: At its November 21, 2012 meeting, Council directed the City Manager /CIerWAttorney to provide a work product of their review at the February 20, 2013 meeting.] G. NEW BUSINESS 1. APPROVED UNANIMOUSLY. Action /Approval — Bills to be Ratified 2. APPROVED UNANIMOUSLY. Action /Approval — Purchase Orders Exceeding $15,000 City of Kenai Council Meeting Action Agenda Page 2 of 4 February 20, 2013 3. APPROVED UNANIMOUSLY. Action /Approval — Special Use Permit to Buccaneer Alaska Operations, LLC for a Portion of Property Described as Township 6 North, Range 11 West, Section 33 Seward, Kenai, Alaska. 4. DIRECTED CITY CLERK TO FORWARD NON - OBJECTION LETTERS TO ABC BOARD. Action /Approval — Non - Objection of Liquor License Renewal(s): • D &E Investments Inc., d /b /a The Bow • BPO Elk's Lodge #2425 • Three Bears Alaska Inc., d /b /a Three Bears • Peninsula Oilers Baseball Club Inc., d /b /a Peninsula Oilers 5. NO ACTION TAKEN. Discussion — Changing the Regularly Scheduled City Council Meeting Start Time from 7:00 P.M. to 6 P.M. 6. CONSENSUS FOR ADMINISTRATION TO MOVE FORWARD WITH ALTERNATIVE NO. 2 WITH PROPOSAL TO BE APPROVED BY COUNCIL. Discussion /Action — Personal Use Fishery Recommendations to Administration 7. INTRODUCED /PUBLIC HEARING ON MARCH 6, 2013. *Ordinance No. 2679- 2013 — Increasing Estimated Revenues and Appropriations by $47,625 in the General Fund and by $30,000 in the Personal Use Fishery Capital Project Fund. 8. INTRODUCED /PUBLIC HEARING ON MARCH 6, 2013. "Ordinance No. 2680- 2013 — Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Project Fund for a Personal Use Fishery Grant from the State of Alaska. 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 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 City of Kenai Council Meeting Action Agenda Page 3 of 4 February 20, 2013 L. NOT CONDUCTED. EXECUTIVE SESSION — Pursuant to AS 44.62.310 (c)(4), Council May Enter into Executive Session During Discussion of Resolution No. 2013 -07, Regarding Matters Involving Consideration of Government Records that by Law are Not Subject to Public Disclosure. M. PENDING ITEMS Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures. (Clerk's Note: At its November 21, 2012 meeting, Council postponed Ordinance No. 2656 -2012 to the March 6, 2013 meeting and the ordinance was referred to the Planning and Zoning Commission to conduct a review and public hearings.) N. ADJOURNMENT ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Report to Council from the Deputy City Clerk Regarding Destruction of City Records. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . 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 -7535 ext 231. :nai Council Meeting Action 20, 2013 MEMBERS Mari Anne Gross Southwest Borough Term Expires 2014 Sandra Holston East Peninsula Term Expires 2013 James [sham Sterling Term Expires 2013 Harry Lockwood Ridgeway Term Expires 2013 Blair Martin Kalifornsky Beach Term Expires 2015 ALTERNATES Jason Tauria[nen Northwest Borough Term Expires 201 4 A. 91 C. C E. F :5 H. KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 7:00 p.m. February 25, 2013 Tentative Agenda CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences a. Mari Anne Gross, Southwest Borough 3. Minutes a. February 11, 2012 Plat Committee Minutes Irib PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) SUBDIVISION PLAT PUBLIC HEARINGS 1. Bootlegger's Cove No. 2 KPB File 2013 -037 [Ability/Coyle] Location: On Little Jakolof Bay in Seldovia area 2. Paradise South Subdivision 2013 KPB File 2013 -038 [Ability /Hoppe] Location: City of Homer FINAL SUBDIVISION PLAT PUBLIC HEARING OTHER / NEW BUSINESS MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, March 11, 2013 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna 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 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 February 25, 2013 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City A. CALL TO ORDER Term Expires 2013 B. ROLL CALL Paulette Bokenko- Carluccio PC Member C. APPROVAL OF CONSENT AND REGULAR AGENDA City of Seldovia All items marked with an asterisk (') are consent agenda items. Consent agenda items are considered Term Expires 2015 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 Alice Joanne Collins case the item will be removed from the consent agenda and considered in its normal sequence on the PC Member regular agenda. Anchor Point/ Ninilchik Term Expires 2013 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 Cindy Ecklund wish to comment. PC Member City of Seward *1. Time Extension Request Term Expires 2014 Dr. Rick Foster a. Tice - Henrikson No. 2 Oracle Point Addn. Parliamentarian KPB File 2007 -035 [Imhoff /Sayer] Homer City Location: City of Homer Term Expires 2013 Mari Anne Gross b. East Mackey Lake Subdivision PC Member KPB File 2011 -064 [Integrity /Meeks] Southwest Borough Location: On Messer Street in Soldotna Term Expires 2014 Sandra Key Holsten '2. Planning Commission Resolutions - None PC Member East Peninsula ' 3. Plats Granted Administrative Approval Term Expires 2013 James Isham '4. Plats Granted Final Approval (20.04.070) - None PC Member Sterling *5. Plat Amendment Request - None Term Expires 2015 Harry Lockwood '6. Commissioner Excused Absences PC Member Ridgeway a. Paulette Bokenko - Carluccio, City of Seldovia Term Expires 2013 Blair Martin b. Alice Joanne Collins, Anchor Point/ Ninilchik Vice Chairman Kalifornsky Beach C. Mari Anne Gross, Southwest Borough Term Expires 2015 Paul Whitney d. Robert Ruffner, Kasilof / Clam Gulch PC Member City of Soldotna *7. Minutes Term Expires 2014 Robert Ruffner a. No Minutes to Approve PC Member Kasilof /Clam Gulch D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS Term Expires 2015 (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor PUBLIC HEARINGS Vacate a portion of Kenai Drive, formerly Chuck's River Road, (renamed by SN Resolution 95 -05) lying along the most westerly portion of the southwest boundary of Lot 2 Nobby Heights, (Plat KN 83 -81), being 223 feet in length more or less and 45 feet in width; vacate the right -of -way easement along the northeast boundary of Lot 3 Schwanke Subdivision,( Plat KN79 -64), being 230 feet in length more or less and 15 -feet in width, said easement originally granted within Lot 14 Charles J. Doser Subdivision (Plat K -554); and vacate that portion of a 50 foot radius cul- de -sac within the most easterly portion of Lot 3 dedicated by Schwanke Subdivision, (Plat KN79 -64). This vacation action is to include all associated utility easements granted along aforementioned right -of -way dedications and right -of -way easement grant. All proposed vacations are within Section 7, Township 5 North, Range 8 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2013 -018. Petitioner: Matt Letzring of Kasilof, Alaska. Location: On Kenai Drive in Sterling 2. Vacate the west 490 feet more or less, of the unconstructed portion of Mooring Drive, a 30 -foot public right -of -way located at the west end of the Mooring Drive dedication, along with any associated utility easements along the proposed area to be vacated. This area lies along the western portion of the north boundary of Tract One -B Birch Hill Subdivision, said Tract and Mooring Drive dedication originally shown on (Plat KN 72 -65), located within Section 18, Township 5 North, Range 10 West, Seward Meridian, Alaska within the Kenai Peninsula Borough. AND Vacate the 66 -foot portion of the north to south section line easement lying within Tract One -A and Tract One -B of Birch Hill Subdivision (Plat KN 72 -65), located within Sections 17 and 18, Township 5 North, Range 10 West, S.M. Alaska and within the Kenai Peninsula Borough. KPB File 2013 -020. Petitioners: Robert P. & Sue A. Tachick, Robert P. & Trina Tachick, Wayne H. Tachick and Timothy Tiffner, Pastor of Soldotna Baptist Church all of Soldotna, Alaska. Location: On Mooring Drive in Soldotna 3. Resolution 2013 -05, A conditional land use permit application for sand, gravel and topsoil extraction on parcels in the Cottonwood Lane area, off North Fork Road in Anchor Point. Applicant /Landowner: Paul Roderick. Parcel ID #/Legal Description: 165- 190 -21, W1/2 E1/2 E1/2 SE1/4 SW1 /4, Sec 30 R14W T4S *; 165 - 190 -18, E1/2 W1/2 E1/2 SE1 /4 SW1 /4, Sec 30 R14W T4S; 165 - 190 -15, W1/2 W1/2 E1/2 SE1 /4 SW1 /4, Sec 30 R14W T4S; 165 - 190 -12, E1/2 E112 W1/2 SE1 /4 SW1 /4, Sec 30 R14W T4S *; 165 - 190 -09, W1/2 E1/2 W1/2 SE1 14 SW1 /4, Sec 30 R14W T4S; 165 - 190 -06, E1/2 W112 W1/2 SE1 /4 SW1/4, Sec 30 R14W T4S *; 165 - 190 -03, W1/2 W1/2 W1/2 SE1 /4 SW1 /4, Sec 30 R14W T4S *. Proposed Land Use: Four of the parcels listed above ( *) are subject to current permits as material sites under a previous version of the borough code. The applicant has since acquired three parcels adjacent to the material sites and would like to incorporate those as part of a single material site project. A new, single permit under the current version of the borough's material site code is being sought by the applicant to apply to all parcels listed above. 4. Donald E. Gilman River Center Annual Report — Gary Williams, Manager G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) - None H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 10 -foot by 90 -foot utility easement along the northeastern boundary of Lot 4 Block 3, granted by Moose Range Meadows Subdivision Phase 1 (Plat KN 84 -16); within Section 2, Township 4 North, Range 10 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2013 -030. Petitioners: Peter W. and Bernadine Raiskums of Anchorage, Alaska. Location: On Keystone Drive in Soldotna 2. Vacate that portion of a 10 -foot utility easement to accommodate an encroaching 6 inch well casing, power line leads and connecting water line, along the south boundary of Lot 4 Christopher's Hollow Subdivision (Plat KN 2000 -77); within Section 4, Township 5 North, Range 9 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. Said easement was granted by Plat KN 2000 -77, and is adjacent to Sondra Street. KPB File 2013 -034 PC Resolution No. 2013 -04. Petitioner: Marcel Warmilee of Anchorage, Alaska. Location: On Sondra Street in Sterling I. SPECIAL CONSIDERATIONS - None J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 2 preliminary plats K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Pledge of Allegiance Information 2. AFHP Task Force Town Hall Meetings 3. Seward Planning & Zoning Commission Minutes — December 4, 2012 4. Kenai Planning & Zoning Commission Minutes - December 12, 2012 -January 23, 2013 5. Notice of Sale Alaska Peninsula Area Wide 2013 & Cook Inlet Area Wide 2013 W Competitive Oil & Gas Leases Sales and Notice of Sale Augustine Island Geothermal Competitive Bid Lease Sale No. 4 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, March 11, 2013 at the 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 March 5, 2013 7;00 p.m. Chamber of Commerce March 19, 2013 Cooper Landing Cooper Landing Community Hall March 6, 2013 6:00 p.m. Hope / Sunrise Hope Social Hall March 7, 2013 7:00 p.m. Moose Pass Moose Pass Community Hall February 20, 2013 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: plan ning(d),borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept