HomeMy WebLinkAbout2016-08-24 Planning & Zoning Packet
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
AUGUST 24, 2016 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
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. *July 27, 2016
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ16-20 – Preliminary Original Plat of The Lake at Kenai 2016 Addition, submitted
by Angler Enterprises, Inc., P.O. Box 303, Soldotna, AK 99669 ................... Pg 1.
b. PZ16-26 – Preliminary Original Plat of Thomas J. Tomrdle and Kathryn A. Tomrdle,
submitted by P.O. Box 698, Kenai, Alaska 99611 ........................................ Pg. 9
c. PZ16-27 – Preliminary Original Plat of Wisnewski Subdivision, submitted by Curt
Wisnewski and Shawnee Wisnewski, 1114 4th Ave., Kenai, AK 99611 ..... Pg. 15.
d. PZ16-28 – Preliminary Original Plat of Rutherford Tract “A” Arbuckle Addition,
submitted by David Arbuckle and Sherrie Arbuckle, 3650 Strawberry Rd.,
Anchorage, AK 99502-3102 ....................................................................... Pg. 22.
6. PUBLIC HEARINGS:
a. PZ16-31 A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending Ordinance No. 2916-2016 to the Council of the City of
Kenai, Alaska, Amending Kenai Municipal Code Chapter 12.10 – Nuisances in
General, to Include Abandoned Structures, Change the Enforcement Process, and
Make Other Material, and Housekeeping Changes. .................................. Pg. 30.
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS: None
a. City Council ............................................................................................... Pg. 42.
b. Borough Planning .................................................................................... Pg. 45.
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
a. Building Permits – Second Quarter 2016
b. Planning & Zoning Resolutions – Second Quarter 2016
c. Code Enforcement – Second Quarter 2016
13. NEXT MEETING ATTENDANCE NOTIFICATION: September 14, 2016
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
STAFF REPORT
To: Planning & Zoning Commission
Date: August 24, 2016 Res: PZ16-20
GENERAL INFORMATION
Applicant: Angler Enterprises, Inc.
P.O. Box 303
Soldotna, AK 99669
Submitted by: Integrity Surveys
820 Set Net Drive
Kenai, AK 99611
Requested Action: Preliminary Subdivision Plat – The Lake at Kenai 2016 Addition (A
Subdivision of Tract A, The Lake at Kenai, Plat No. KN2007-150)
Existing Legal
Description: Tract A, The Lake at Kenai
Proposed Legal
Description: Lots 1 through 14, inclusive, The Lake at Kenai 2016 Addition
Street Address: 1001 Angler Drive
KPB Parcel No.: 04949033
Existing Zoning: Rural Residential
Current Land Use: Vacant and Former Gravel Pit
Land Use Plan: Rural Residential
ANALYSIS
The new plat subdivides one parcel containing approximately 35 acres into a subdivision
containing 14 lots. The subdivision is located in the Rural Residential zone, which requires
a minimum lot size of 20,000 square feet. The lots range in size from approximately 77,711
square feet to 152,460 square feet; therefore, all the lots meet the minimum lot size
requirement for the zone. The minimum lot width for the Residential Zone is ninety feet
with the exception of corner lots which require an additional ten feet as set forth in Kenai
Municipal Code (KMC) 14.10.70(e)(4). The lots within the subdivision meet the minimum
lot width requirement.
The plat also dedicates a 60 foot right of way for Peace of Mind Circle, accessed off of
Angler Drive and Anglers Cove Court, accessed off of Beaver Loop Road.
Pursuant to KMC 14.10.07, the minimum width for streets shall be sixty (60) feet with a
termination into a cul-de-sac with a minimum radius of 50 feet.
Page 1 of 51
PZ16‐20 Staff Report Page 2
When streets are constructed, they must meet the minimum requirements set forth in KMC
14.10.080. The City will require an installation agreement for development of the rights-
of-way within the subdivision.
City water and sewer lines are located at a greater distance than that of 200 feet from the
proposed subdivision, therefore, they will not be required to installed. The developer has
indicated that each lot will be served by an onsite septic and well. The City will require
that the septic systems and individual water wells meet the regulatory requirements of the
Kenai Peninsula Borough and be approved by the State of Alaska, Department of
Conservation.
RECOMMENDATIONS
This is a preliminary plat that subdivides one parcel into a 14 lot subdivision. The property
is located in the Rural Residential zone, which requires a minimum lot size of 20,000
square feet.
The plat dedicates rights-of-way in the subdivision and will require an installation
agreement to construct the roads to City of Kenai standards. The installation agreement
will be developed after the preliminary plat is approved and improvements will be
constructed in accordance with the installation agreement.
Individual septic systems and water wells will be installed on the lots by individual property
owners. The septic systems must be approved by the Alaska Department of
Environmental Conservation.
It is the intent of the owner to develop this project in phases. The City of Kenai and the
developer will enter into an installation agreement for each phase and the developer will
provide the City of Kenai with a security to guarantee completion of the improvements for
each phase of development. The paving of the streets will be required during construction
of each phase of development of the subdivision.
The Planning and Zoning Commission recommends approval of the Plat of, The Lake at
Kenai 2016 addition, with the following conditions:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. The City Council of the City of Kenai must approve acceptance of the dedication
of Rights-of-Way for Angler Cove Court and Peace of Mind Circle, pursuant to
Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100.
c. Prior to the sale of any lots, the developer will be required to enter into an
installation agreement with the City of Kenai and shall provide a security to
guarantee completion of the improvements for each phase of development.
d. The paving of the streets will be required prior to completion of construction of each
phase of development of the subdivision.
e. Street construction shall meet the requirements as set forth in Kenai Municipal
Code Section 14.10.080.
f. Street design must be stamped by an engineer licensed in the State of Alaska.
Page 2 of 51
PZ16‐20 Staff Report Page 3
g. The septic systems and water wells must be approved by the State of Alaska,
Department of Environmental Conservation.
h. The developer shall install all signs including, but not limited to, stop signs, speed limit
signs and street name signs.
i. The City Manager for the City of Kenai must sign the plat acknowledging acceptance
by the City of Kenai of the final plat.
ATTACHMENTS:
1. Resolution No. PZ16-20
2. Application
3. Preliminary Plat
4. Map
Page 3 of 51
PZ16-20 Resolution
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-20
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 of THE LAKE AT KENAI, 2016 ADDITION was referred to
the City of Kenai Planning and Zoning Commission on August 24, 2016, and received from
Integrity Surveys, Inc.; and,
WHEREAS, the following Rights-of-Way within THE LAKE AT KENAI, 2016 ADDITION
are dedicated within the City of Kenai for a public use: An approximately 478-foot right-of-
way being 60 feet in width and known as Peace of Mind Circle as set forth on the plat of
THE LAKE AT KENAI, 2016 ADDITION, which is attached hereto as Exhibit “A”; and,
WHEREAS, the following Rights-of-Way within THE LAKE AT KENAI, 2016 ADDITION
are dedicated within the City of Kenai for a public use: An approximately 249-foot radius
cul-de-sac portion with a 60-foot front width known as Anglers Cove Court as set forth on
the plat of THE LAKE AT KENAI, 2016 ADDITION, which is attached hereto as Exhibit
“A”; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential and therefore is 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 and construction of improvements is required.
4. Status of surrounding land is shown.
5. Utility easements, if required, are shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. The City Council of the City of Kenai must approve acceptance of the dedication
of Rights-of-Way for Angler Cove Court and Peace of Mind Circle, pursuant to
Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100.
Page 4 of 51
PZ16-20 Resolution
c. Prior to the sale of any lots, the developer will be required to enter into an
installation agreement with the City of Kenai and shall provide a security to
guarantee completion of the improvements for each phase of development.
d. The paving of the streets will be required prior to completion of construction of each
phase of development of the subdivision.
e. Street construction shall meet the requirements as set forth in Kenai Municipal
Code Section 14.10.080.
f. Street design must be stamped by an engineer licensed in the State of Alaska.
g. The septic systems and water wells must be approved by the State of Alaska,
Department of Environmental Conservation.
h. The developer shall install all signs including, but not limited to, stop signs, speed
limit signs and street name signs.
i. The City Manager for the City of Kenai must sign the plat acknowledging
acceptance by the City of Kenai of the final plat.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE THE LAKE AT KENAI, 2016
ADDITION, SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL AS
STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 24th day of August, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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Date: 8/19/2016
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 333 feet
Tract A, The Lake at Kenai
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STAFF REPORT
To: Planning & Zoning Commission
Date: August 24, 2016 Res: PZ16-26
GENERAL INFORMATION
Applicant: Thomas J. & Kathryn A. Tomrdle
P.O. Box 698
Kenai, AK 99611
Submitted by: Segesser Surveys
30485 Rosland St.
Soldotna, AK 99669
Requested Action: Original Preliminary Subdivision Plat – Original Townsite of
Kenai Tomrdle 2016 Replat
Existing Legal
Description: Lots 21 through 24, inclusive, Block 16, Original Townsite of
Kenai and Lot 25A, Block 16, Original Townsite of Kenai
Tomrdle Replat
Proposed Legal
Description: Lot 21A, Block 16, Original Townsite of Kenai Tomrdle 2016
Replat
Street Address: 513 Upland St., 515 Upland St., 908 Cook Ave., 906 Cook
Ave., and 904 Cook Ave.
KPB Parcel No.: 04709217, 04709218, 04709219, 04709220, and 04709223
Existing Zoning: (CC) Central Commercial
Current Land Use: Residence and vacant lots
Land Use Plan: Mixed Use
ANALYSIS
The new plat subdivides Lots 21 through 24, inclusive, Block 16, Original
Townsite of Kenai and Lot 25A, Block 16, Original Townsite of Kenai Tomrdle
Replat into an approximately 1.110 acre lot to be described as Lot 21A, Block
16, Original Townsite of Kenai Tomrdle 2016 Replat. The Development
Requirements Tables (KMC 14.24.010 and 14.20.020) do not specify the
minimum lot size and minimum lot width for the Central Commercial zone;
however, the proposed lot is approximately 1.110 acres and the lot width is
approximately 380 feet. The lot size and lot width are sufficient to support the
current development located on the parcel. The property is accessed off of Cook
Avenue which is a City maintained paved road. The property is currently serviced
by City water and sewer. An installation agreement is not required.
Page 9 of 51
RECOMMENDATIONS
The Planning and Zoning staff recommend approval with the following
requirements:
a. Further development of the property shall conform to all Federal, State
and local regulations.
b. Plat note number three (3) reads as follows: “The front 10 feet of these
lots is a utility easement.” The utility easement should be delineated on
the plat.
ATTACHMENTS:
1. Resolution No. PZ16-26
2. Preliminary Plat
3. Application
4. Map
Page 10 of 51
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-26
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 of ORIGINAL TOWNSITE OF KENAI TOMRDLE 2016
ADDITION was referred to the City of Kenai Planning and Zoning Commission on August
24, 2016, and received from Segesser Surveys; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Central 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. Plat note number three (3) reads as follows: “The front 10 feet of these lots is a
utility easement.” The utility easement should be delineated on the plat.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE ORIGINAL TOWNSITE OF KENAI
TOMRDLE 2016 REPLAT, SUBJECT TO ANY NEGATIVE FINDINGS AS STATED
ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 24th day of August, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: August 24, 2016 Res: PZ16-27
GENERAL INFORMATION
Applicant: Curt and Shawnee Wisnewski
1114 4th Ave.
Kenai, AK 99611
Submitted by: Integrity Surveys, Inc.
820 Set Net Dr.
Kenai, AK 996
Requested Action: Original Preliminary Subdivision Plat – Wisnewski
Subdivision
Existing Legal
Description: Government Lots 5 and 6, Section 31, Township 6 North,
Range 11 West
Proposed Legal
Description: Lot 1, Wisnewski Subdivision
Street Address: 409 Floatplane Rd. and 1107 Fifth Ct.
KPB Parcel No.: 04305010 and 04305009
Existing Zoning: (RS) Suburban Residential
Current Land Use: Vacant
Land Use Plan: Neighborhood Residential
ANALYSIS
The new plat subdivides Government Lots 5 and 6, Section 31, Township 6
North, Range 11 West into an approximately 2.063 parcel to be described as Lot
1, Wisnewski Subdivision. The proposed lot meets the minimum lot size
requirement of 7,200 square feet for the Suburban Residential zone. The
reconfigured lot meets the minimum lot width of 60 feet for the Suburban
Residential zone. The property will be serviced by a private well and DEC
approved septic system. An installation agreement is not required.
The preliminary plat of Wisnewski Subdivision provides for a right-of-way shown
as Fifth Avenue (should be Fifth Court); however, this right-of-way is not
developed. It is more cost effective for the applicant to vacate the property line
between the two government lots and develop one large parcel that can be
accessed by Floatplane Road which is a city maintained gravel road rather than
develop the Fifth Court right-of-way. The City of Kenai will not require that the
Page 15 of 51
Fifth Court right-of-way be developed because access to the parcel is provided
by Floatplane Road.
The applicant plans to place two connex containers on the proposed parcel. One
connex will be remodeled to serve as a residence and the other connex will be
converted to a storage area. There will be a truss roof over both containers. The
applicant has been issued a building permit for the project.
RECOMMENDATIONS
The Planning and Zoning staff recommend approval with the following
requirements:
a. Further development of the property shall conform to all Federal, State
and local regulations.
b. The street shown as Fifth Avenue should be changed to Fifth Court.
c. The word “subtitle” should be removed from the title block. In addition
government lots 6 and 7, should be changed to government lots 5 and 6.
ATTACHMENTS:
1. Resolution No. PZ16-27
2. Preliminary Plat
3. Application
4. Map
Page 16 of 51
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-27
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 of WISNEWSKI SUBDIVISION was referred to the City of
Kenai Planning and Zoning Commission on August 24, 2016, and received from Integrity
Surveys, Inc.; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Suburban Residential 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 not correct; Fifth Avenue should be changed
to Fifth Court.
8. CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. The street shown as Fifth Avenue should be changed to Fifth Court.
c. The word “subtitle” should be removed from the title block. In addition
government lots 6 and 7, should be changed to government lots 5 and 6.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE WISNEWSKI SUBDIVISION,
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
Page 17 of 51
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 24th day of August, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: August 24, 2016 Res: PZ16-28
GENERAL INFORMATION
Applicant: David Arbuckle and Sherrie Arbuckle
3650 Strawberry Rd.
Anchorage, AK 99502-3102
Submitted by: Integrity Surveys, Inc.
820 Set Net Dr.
Kenai, AK 99611
Requested Action: Original Preliminary Subdivision Plat – Rutherford Tract “A”
Arbuckle Addition
Existing Legal
Description: Rutherford Tract “A”
Proposed Legal
Description: Lots 1, 2 and 3, Rutherford Tract “A” Arbuckle Addition
Street Address: 1801 Redoubt Avenue
KPB Parcel No.: 04301016
Existing Zoning: (RS) Suburban Residential
Current Land Use: Single Family Dwelling
Land Use Plan: Neighborhood Residential
ANALYSIS
The new plat subdivides an approximately 3.336 acre parcel described as
Rutherford Tract “A” into three separate lots. The applicant’s residence is located
on the proposed Lot one (1), and is approximately 1.119 acres. The proposed
Lot two (2) is approximately 1.122 acres and the proposed lot three (3) is
approximately 1.123 acres. The proposed lots meet the minimum lot size
requirement of 7,200 square feet for the Suburban Residential zone. The
reconfigured lots meet the minimum lot width of 60 feet for the Suburban
Residential zone. Access to the proposed lots is provided by Redoubt Avenue
which is a City maintained paved road. The residence located on the proposed
Lot one (1) is serviced by City water and sewer. The water and sewer lines are
located within the right-of-way of Redoubt Avenue; therefore, the two
undeveloped lots must connect to water and sewer services at such time as the
lots are developed by the property owner. An installation agreement is not
required.
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RECOMMENDATIONS
The Planning and Zoning staff recommend approval with the following
requirements:
a. Further development of the property shall conform to all Federal, State
and local regulations.
b. The notation in the right-of-way for Evergreen Street should be changed
to reflect that the right-of-way is 83 feet in width rather than 80 feet.
ATTACHMENTS:
1. Resolution No. PZ16-28
2. Preliminary Plat
3. Application
4. Map
Page 23 of 51
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-28
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 of RUTHERFORD TRACT “A” ARBUCKLE ADDITION
was referred to the City of Kenai Planning and Zoning Commission on August 24, 2016,
and received from Integrity Surveys, Inc.; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Suburban Residential 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 notation in the right-of-way for Evergreen Street should be changed reflect
that the right-of-way is 83 feet in width rather than 80 feet.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE RUTHERFORD TRACT “A”
ARBUCKLE ADDITION, SUBJECT TO ANY NEGATIVE FINDINGS AS STATED
ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 24th day of August, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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MEMORANDUM
TO: Planning and Zoning Commission
THROUGH: Mayor Porter
FROM: Scott M. Bloom, City Attorney
DATE: August 18, 2016
SUBJECT: PZ16-31
This Ordinance makes significant changes to the City’s code on nuisances. Aside from
including more descriptive definitions of existing nuisances, the proposed changes
include new procedures for enforcement and include abandoned structures that are
wrecked, scrapped, disassembled, unusable, burnt or unrepairable as a nuisance.
This process began with an attempt to address abandoned mobile homes, however, after
works sessions with the Planning and Zoning Commission and valuable public comment
at those meetings, it was recognized that there was little reason to single out mobile
homes and that the City’s procedures in addressing nuisances should be reviewed in their
entirety.
The following is a sectional analysis of the changes proposed by the ordinance:
• Addition of new section 12.10.005: this new section provides a statement on the
purpose and intent of the City’s nuisance code, which is to promote the peace,
health, safety and welfare of the public
• Renumber existing KMC 12.10.030, which describes the prohibited conduct, from
the end of the Chapter to the beginning as KMC 12.10.008 for purposes of clarity
and flow.
• The title of KMC 12.10.010 is changed from “Definitions” to “Public Nuisances”
because the section declares what public nuisances are, as opposed to providing
definitions in a manner consistent with other Chapters of the Municipal Code.
• KMC 12.10.010 (k) describing certain man made water bodies as nuisances is
amended to clarify that these are nuisances when they are breeding grounds for
not just mosquitos but other pests and a danger to public health and safety because
of that or because they are not properly protected from the public through fencing
or other means that protects public health or safety.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.kenai.city
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• KMC 12.10.010(l) is amended to remove “rank weeds or grass” because it is not
clear what this is intended to prevent. The subsection is further amended to include
accumulation of sewage as a nuisance.
• KMC 12.10.010(o) dealing with fire and explosive hazards in amended to include
as a nuisance unprotected or improperly stored concentrated quantities of
explosive and flammable materials.
• KMC 12.10.010(r) is added to include as a nuisance, residential or commercial
structures abandoned for at least 180 days and that are wrecked, scrapped,
disassembled, unusable, burnt, inoperable, or unrepairable. This description differs
from the existing subsection (q) that targets burned or otherwise destroyed
buildings that are hazardous to a person’s safety, a continuing fire hazard, or
structurally unsound in that the abandoned structure need not be “destroyed” to be
a nuisance if it has been abandoned and meets other criteria that are targeted
towards the structure being an attractive nuisance or unlikely to reasonably be
repaired. Abandoned buildings in a state of disrepair can negatively affect
surrounding property values as well as have other negative effects on the
community.
• The Title of KMC 12.10.020 “Abatement of public nuisances” is amended to
include Enforcement and Abatement for purposes of descriptive clarity.
• KMC 12.10.020(a) addressing abatement of nuisances constituting a grave and
immediate danger is left as is, except that a descriptive subtitle is added. This
subsection allows the City to take immediate action against grave and immediate
dangers.
• Existing KMC 12.10.020(b)(c) and (d) dealing with nuisances that are not a grave
and immediate danger are deleted in their entirety and replaced with new
subsections. These deleted subsections provide a process whereby complaints of
nuisances are initially brought to Council for a determination and decision on
abatement after a public hearing. This procedure has not been utilized in recent
history and is inconsistent with other enforcement procedures in code. This
process also has the potential to lend itself to inconsistent outcomes. The new
subsections, consistent with existing enforcement procedures in other sections of
the Municipal Code allow for administrative enforcement with an appeal right to
the Board of Adjustment and a requirement that the City obtain a court order prior
to conducting its own abatement on private property. The new sections also allow
for the City and property owners that can show that abating the nuisance would
constitute a financial hardship to work together to abate the nuisance at part or all
of the City’s costs.
• A new Section KMC 12.10.030 provides for a $50 civil penalty for violations of
the chapter.
• A new Section 12.10.040 provides definitions for “property owner”, “structure”
and “financial hardship”
Your consideration is appreciated.
Page 31 of 51
Sponsored by: Mayor Porter
CITY OF KENAI
ORDINANCE NO. 2916-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC
CHAPTER 12.10-NUISANCES IN GENERAL, TO INCLUDE ABANDONED STRUCTURES,
CHANGE THE ENFORCEMENT PROCESS, AND MAKE OTHER MATERIAL AND
HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code Chapter 12.10-Nuisances in General, prohibits,
defines and provides the enforcement procedures for nuisances in the City; and,
WHEREAS, the City, as a home rule municipality, has the authority to regulate public
nuisances to promote public peace, health, safety and welfare; and,
WHEREAS, aside from the inclusion of burned or otherwise destroyed buildings as a
nuisance in 2010, Chapter 12.10 has not been updated since its inception and is in
need of updating in order to be consistent with the City’s current enforcement
procedures and composition; and,
WHEREAS, including a statement of purpose and intent in Chapter 12.10 provides
general guidance in enforcement and notice to the community; and,
WHEREAS, including certain abandoned structures that are wrecked, scrapped,
disassembled, unusable, burnt, inoperable or unrepairable is intended to both
discourage the abandonment of these structures and provide a means to enforce their
removal in the interest of public health safety and welfare; and,
WHEREAS, abandoned structures in a state a disrepair can have a negative effect on
property values, be an attractive nuisance for minors, a source of insect infestation and
harbor for vermin as well as impact the community in other negative ways; and,
WHEREAS, more detailed descriptions of other nuisances are needed to make them
easier to enforce and provide improved notice to the public of what is prohibited; and,
WHEREAS, the current enforcement procedures in KMC 12.10.020 for nuisances that
do not constitute a grave and immediate danger provide for a process whereby suspected
public nuisances are brought to the Council for a determination as to whether a
nuisance exists and provides for Council to direct abatement; and,
WHEREAS, it is consistent with other City enforcement procedures to amend KMC
12.10.020 to Administration to issue notices of violations and enforcement orders, with
specific notice requirements and an appeal right to the Board of Adjustment and
abatement proceedings enforced through the superior court; and,
Page 32 of 51
WHEREAS, in order to facilitate the removal of nuisances, it is in the best interest of the
City to allow, but not require, the City to remove nuisances with the owner’s permission
at the City’s whole or partial costs, when it can be shown that the removal of the
nuisance would be an undue financial hardship to the owner of the property; and
WHEREAS, providing for a civil penalty of $50 for violations of the City’s nuisance law
is reasonably intended to deter nuisances and encourage prompt compliance; and,
WHEREAS, adding definitions to KMC Chapter 12.10, reorganizing the existing sections,
and making other housekeeping changes will help facilitate the administration of the
chapter and provide improved notice to the public.
WHEREAS, at its regular meeting of August 24, 2016 the Planning and Zoning
Commission recommended the Council ______________________________ this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Chapter 12.10 of the Ke nai Municipal Code: That Kenai
Municipal Code, Chapter 12.10-Nuisances in General, is hereby amended as follows:
Chapter 12.10 NUISANCES IN GENERAL
12.10.005 Purpose and Intent.
The Purpose and intent of this Chapter is to promote the peace, health, safety
and welfare of the public through the regulation of nuisances.
12.10.008 Public Nuisance Unlawful.
It is unlawful for any person (owner, lessee, or other) to create or maintain a
public nuisance within the City, or to permit a public nuisance to remain on premises
under his or her control within the City.
12.10.010 Public Nuisances [DEFINITIONS].
In addition to other public nuisances declared by other sections of this Code, the
following are hereby declared to be public nuisances:
(a) The sale or offering for sale of unwholesome food or drink or a place where
such sales or offerings are made;
(b) The sale, offering for sale, or furnishing of intoxicating liquor in violation
of the State law or ordinances of the City, or a place where intoxicating liquor is
sold, offered for sale, or furnished in violation of the State law or ordinances of
the City;
Page 33 of 51
(c) The exposure, display, sale, or distribution of obscene pictures, books,
pamphlets, magazines, papers, documents, or objects, or a place where such are
exposed, displayed, sold, or distributed;
(d) A place where persons gamble, whether by cards, slot machines, punch
boards, or otherwise;
(e) A place where prostitution, illicit sexual intercourse, or other immoral acts
are practiced;
(f) A place where activities in violation of State law or ordinance are carried
on;
(g) The public exposure of a person having a contagious disease;
(h) The continued making of loud or unusual noises which annoy persons of
ordinary sensibilities, or the keeping of an animal which makes such noises;
(i) The operation or use of any electrical apparatus or machine which
materially and unduly interferes with radio or television reception by others;
(j) Any use of a street or sidewalk or a place adjacent thereto which causes
crowds of people to gather so as to obstruct traffic on such street or sidewalk or
which otherwise obstructs traffic thereon, except as may be authorized by law or
ordinance;
(k) All ditches, drains, wells, pools, cisterns, bodies, or containers of water in
which mosquitoes other insects, vermin, or other pests breed or are likely to breed
in a manner that[, OR WHICH ARE SO CONSTRUCTED, FORMED,
CONDITIONED, OR SITUATED AS TO] endangers the public health or safety or
are not properly constructed, fenced or barricaded so as to endanger public
health or safety;
(l) [RANK WEEDS OR GRASS,]Carcasses, accumulations of manure or
sewage, refuse, or other things which are or are likely to be breeding places for
flies, mosquitoes, vermin, or disease germs;
(m) Any building or structure which is dangerous to the public health or safety
because of damage, decay, or other condition;
(n) Any pit, hole, or other thing which is so constructed, formed, conditioned,
and/or situated as to endanger the public safety;
(o) Any fire or explosion hazard which endangers the public peace, health,
safety, or welfare, including but not limited to unprotected or improperly stored
concentrated quantities of gasoline, oil, or other flammable or explosive
materials;
(p) Any occupation or activity which endangers the public peace, health,
safety, morals or welfare; and
(q) Any building or structure that is partially or wholly burned or otherwise
partially destroyed by other means and that is hazardous to the safety of any
person, a continuing fire hazard, or is structurally unsound to the extent that
there is a likelihood of injury to any person entering the structure.
Page 34 of 51
(r) Any abandoned residential or commercial structure that has not been
connected to water or electrical utilities or an alternative adequate source of the
same for a period in excess of 180 days or is otherwise documented by City
personnel to be unoccupied for a period in excess of 180 days, and is determined
to be a nuisance because it is wrecked, scrapped, disassembled, unusable, burnt,
inoperable or unrepairable.
12.10.020 Enforcement and Abatement of [P]Public [N]Nuisances.
(a) Public nuisances constituting a grave and immediate danger. Some public
nuisances are of such nature as to constitute a grave and immediate danger to
the public peace, health, safety, morals, or welfare. It is recognized that
circumstances may be such as to justify, and even to require, the City
Administrator or other appropriate officer or agency of the City government to
take immediate and proper action to abate such nuisances, or to reduce or
suspend said danger until more deliberate action can be taken toward such
abatement.
[(B) THE CHIEF OF THE FIRE DEPARTMENT, THE CHIEF OF POLICE, AND
CITY HEALTH OFFICER, THE BUILDING OFFICIAL, ELECTRICAL INSPECTOR,
THE PLUMBING INSPECTOR, OR ANY OTHER OFFICER SUBORDINATE TO THE
CITY ADMINISTRATOR MAY SUBMIT, THROUGH OR WITH THE CONSENT OF
THE CITY ADMINISTRATOR TO THE CITY COUNCIL, A STATEMENT AS TO THE
EXISTENCE OF A PUBLIC NUISANCE AS DEFINED BY KMC 12.10.010 OR BY
OTHER SECTIONS OF THE ORDINANCES OF THE CITY, AND A REQUEST OR
RECOMMENDATION THAT IT BE ABATED. THE CITY ADMINISTRATOR
HIMSELF, THE MAYOR, ANY COUNCILMAN, OR ANY RESIDENT OR RESIDENTS
OF THE CITY MAY SUBMIT SUCH A STATEMENT, REQUEST, OR
RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL SHALL
DETERMINE WHETHER OR NOT THE ALLEGED PUBLIC NUISANCE IS A
PUBLIC NUISANCE IN FACT. FOR THE PURPOSE OF GATHERING EVIDENCE
ON THE SUBJECT, THE COUNCIL SHALL HAVE POWER TO SUBPOENA AND
EXAMINE WITNESSES, BOOKS, PAPERS, AND OTHER EFFECTS. BEFORE
PROCEEDING TO ABATE THE NUISANCE OR TO HAVE IT ABATED, THE
COUNCIL SHALL GIVE NOTICE OF A HEARING ON THE PROPOSED
ABATEMENT TO THE OWNER OF PROPERTY CONCERNED AND TO ANY
OTHER PERSON ALLEGED OR DEEMED RESPONSIBLE FOR OR TO BE
CAUSING THE PUBLIC NUISANCE, AND AN ADEQUATE OPPORTUNITY TO BE
HEARD IF SUCH NOTICE AND OPPORTUNITY FOR HEARING CAN BE GIVEN.
SUCH NOTICE TO THE OWNER AND OTHER PERSONS CONCERNED SHALL
BE GIVEN IN WRITING BY REGISTERED OR CERTIFIED MAIL OR BY SERVICE
BY A POLICE OFFICER IF THEIR NAMES AND ADDRESSES ARE KNOWN; BUT,
IF THE NAMES OR ADDRESSES ARE NOT KNOWN, AND THE PUBLIC PEACE,
HEALTH, SAFETY, MORALS, OR WELFARE WOULD NOT BE UNDULY
JEOPARDIZED BY THE NECESSARY DELAY, A NOTICE OF THE HEARING
Page 35 of 51
SHALL BE PUBLISHED IN A PAPER OF GENERAL CIRCULATION WITHIN THE
CITY.
(C) IF THE COUNCIL FINDS THAT A PUBLIC NUISANCE DOES IN FACT
EXIST, IT SHALL DIRECT THE OWNER AND/OR OTHER PERSONS
RESPONSIBLE FOR OR CAUSING THE PUBLIC NUISANCE TO ABATE IT WITHIN
A SPECIFIED TIME IF THE PUBLIC INTEREST WOULD NOT BE UNDULY
JEOPARDIZED BY THE CONSEQUENT DELAY. IF THE PUBLIC INTEREST
WOULD BE UNDULY JEOPARDIZED BY THE CONSEQUENT DELAY, OR IF THE
OWNER OR OTHER PERSONS RESPONSIBLE FOR OR CAUSING THE PUBLIC
NUISANCE DO NOT ABATE IT WITHIN THE SPECIFIED TIME, THE COUNCIL
SHALL DIRECT THE CITY ADMINISTRATOR TO ABATE THE PUBLIC NUISANCE
OR TO HAVE IT ABATED IF SUMMARY ABATEMENT IS PRACTICAL. THE COSTS
AND EXPENSES INCURRED BY THE CITY IN SUCH ABATEMENT SHALL BE
CHARGEABLE TO THE OWNER, AND LEVIED AND COLLECTED AS PROPERTY
TAXES ARE LEVIED AND COLLECTED.
(D) THE PROCEDURES FOR ABATING OR DEALING WITH PUBLIC
NUISANCES AS PRESCRIBED IN THIS SECTION SHALL BE CUMULATIVE AND
IN ADDITION TO ANY OTHER PROCEDURES AUTHORIZED BY LAW OR
ORDINANCE.]
(b) Other Public Nuisances. The City Planner, Building Official, Chief of Police,
Chief of the Fire Department or their designees may issue a Notice of Violation or
Enforcement Order to the property owner, lessee, occupant, or person(s) causing
or responsible for the nuisance(s).
(c) The Notice or Order must be provided by personal service, service of
process, or certified mail, return receipt requested. If after due diligence, the
appropriate persons or location of said persons cannot be discovered, the Notice
or Order must be conspicuously posted on the subject property.
(d) The Notice or Order must:
1. identify the property and describe the nuisance thereon to be
removed, abated or remedied,
2. direct that the nuisance be removed, abated, or remedied,
3. provide a reasonable time period in which to comply, not to exceed
90 days,
4. state that the continued violation of the provisions of this chapter
is subject to a penalty of up to $50.00 a day,
5. state that the City may seek a court order to remove, abate or
remedy the nuisance if appropriate action is not taken during the
allowable time period,
6. state that costs incurred by the City to remove, abate or remedy the
nuisance, if not paid by the violator(s) may become a lien on the real or
personal property upon which the nuisance is located, notify the violator(s)
of a right to appeal the notice or order to the Board of Adjustment as
provided in KMC 14.20.290 Appeals-Board of Adjustment, and
7. inform the owner of the real property on which the nuisance is
located, that the City may remove the nuisance at its costs or partial costs
Page 36 of 51
if the owner can show that the cost of removal or repair would result in
undue financial hardship. The City however is not obligated to remove any
abandoned nuisance.
(e) Abatement. After appropriate notice, and if applicable, a hearing and
appeal, the City may seek an Order, in Superior Court, to remove any nuisance
from private property and recovery of associated costs, fees, penalties and
interest
12.10.030 Penalties.
(a) The City may assess a civil penalty of $50.00 for a violation of this Chapter.
Each day in which the violation occurs or continues constitutes a separate
offense. The City also may apply additional penalties and interest to any
unpaid penalty amounts consistent with KMC 1.75.010-Computation.
(b) Nothing in this Chapter may be construed to limit the legal authority or
powers of the City to enforce other laws or otherwise carry out duties
regarding nuisances.
12.10.040. Definitions.
(a) “Property Owner” means the owner shown on the latest tax assessment
roll.
(b) “Structure” means that which is built or constructed, an edifice, or a
building of any kind, composed of parts joined together in some definite
manner.
(c) “Undue Financial Hardship” is determined based on the following:
[12.10.030 PUBLIC NUISANCE UNLAWFUL.
IT IS UNLAWFUL FOR ANY PERSON (OWNER, LESSEE, OR OTHER) TO CREATE
OR MAINTAIN A PUBLIC NUISANCE WITHIN THE CITY, OR TO PERMIT A PUBLIC
NUISANCE TO REMAIN ON PREMISES UNDER HIS OR HER CONTROL WITHIN THE
CITY. ]
Annual income as a
Percent of current Health
& Human Services (HHS)
Poverty Guidelines for
Alaska
Percent of Cost reduced
1 – 100% 100% Waiver
101 – 149% 75% Waiver
150-174% 50% Waiver
175-199% 25% Waiver
200% plus No Waiver
Page 37 of 51
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part,
provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of
September, 2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: August 17, 2016
Enacted: September 7, 2016
Effective: October 7, 2016
Page 38 of 51
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-31
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THE COUNCIL OF THE CITY OF KENAI,
ALASKA, ENACT ORDINANCE NO. 2916-2016 AMENDING KMC CHAPTER 12.10-
NUISANCES IN GENERAL, TO INCLUDE ABANDONED STRUCTURES, CHANGE
THE ENFORCEMENT PROCESS, AND MAKE OTHER MATERIAL AND
HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code Chapter 12.10-Nuisances in General, prohibits,
defines and provides the enforcement procedures for nuisances in the City; and,
WHEREAS, the City, as a home rule municipality, has the authority to regulate public
nuisances to promote public peace, health, safety and welfare; and,
WHEREAS, aside from the inclusion of burned or otherwise destroyed buildings as a
nuisance in 2010, Chapter 12.10 has not been updated since its inception and is in
need of updating in order to be consistent with the City’s current enforcement
procedures and composition; and,
WHEREAS, including a statement of purpose and intent in Chapter 12.10 provides
general guidance in enforcement and notice to the community; and,
WHEREAS, including certain abandoned structures that are wrecked, scrapped,
disassembled, unusable, burnt, inoperable or unrepairable is intended to both
discourage the abandonment of these structures and provide a means to enforce their
removal in the interest of public health safety and welfare; and,
WHEREAS, abandoned structures in a state of disrepair can have a negative effect on
property values, be an attractive nuisance for minors, a source of insect infestation and
harbor for vermin as well as impact the community in other negative ways; and,
WHEREAS, more detailed descriptions of other nuisances are needed to make them
easier to enforce and provide improved notice to the public of what is prohibited; and,
WHEREAS, the current enforcement procedures in KMC 12.10.020 for nuisances that
do not constitute a grave and immediate danger provide for a process whereby
suspected public nuisances are brought to the Council for a determination as to whether
a nuisance exists and provides for Council to direct abatement; and,
Page 39 of 51
WHEREAS, it is consistent with other City enforcement procedures to amend KMC
12.10.020 to Administration to issue notices of violations and enforcement orders, with
specific notice requirements and an appeal right to the Board of Adjustment and
abatement proceedings enforced through the superior court; and,
WHEREAS, in order to facilitate the removal of nuisances, it is in the best interest of the
City to allow, but not require, the City to remove nuisances with the owner’s permission
at the City’s whole or partial costs, when it can be shown that the removal of the
nuisance would be an undue financial hardship to the owner of the property; and
WHEREAS, providing for a civil penalty of $50 for violations of the City’s nuisance law is
reasonably intended to deter nuisances and encourage prompt compliance; and,
WHEREAS, adding definitions to KMC Chapter 12.10, reorganizing the existing
sections, and making other housekeeping changes will help facilitate the administration
of the chapter and provide improved notice to the public.
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, THAT
1. The City of Kenai, Alaska, enact Ordinance No. 2916-2016 Amending KMC
Chapter 12.10-Nuisances In General, To Include Abandoned Structures, Change
the Enforcement Process, and Make Other Material and Housekeeping Changes.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 24th DAY OF AUGUST, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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Page 41 of 51
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KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
August 22, 2016 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
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 - None
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ..................................................... 2
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations
a. Notice is hereby given that an application to vacate ................... 7
a utility easement in the Funny River area has been
received by the Planning Department of the Kenai
Peninsula Borough. Location: Vacate the entire length
(approximately 232 feet) of the 10-foot wide utility
easement that borders the north lot line of Lot 1 Block 1,
granted by Caprice Estates Subdivision (Plat KN 78-57)
and the entire length (approximately 297 feet) of the 10-
foot wide utility easement that borders the south lot line
of Lot 8, granted by Riverwind I Subdivision (Plat KN 72-
48); Easements are located within Section 20, Township
05 North, Range 08 West, Seward Meridian, Alaska,
within the Kenai Peninsula Borough; KPB File 2016-088.
Purpose as stated in petition: The petitioner states that
the easements are no longer needed, as adjacent
properties are being served from Funny River Road,
Lake Rd, Killey River Rd and Rio Gracioso Terrace.
Petitioner(s): Downs Alaska Community Property Trust
of Soldotna, Alaska.
*7. Commissioner Excused Absences
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
Cindy Ecklund
PC Member
City of Seward
Term Expires 2017
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2017
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2017
James Glendening
PC Member
Kenai City
Term Expires 2019
James Isham
PC Member
Sterling
Term Expires 2018
Harry Lockwood
PC Member
Ridgeway
Term Expires 2019
Blair Martin
Chairman
Kalifornsky Beach
Term Expires 2018
Virginia Morgan
East Peninsula
Term Expires 2019
Robert Ruffner
Vice Chairman
Kasilof/Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Page 45 of 51
*8. Minutes
a. August 8, 2016 Plat Committee Minutes
b. August 8, 2016 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
F. PUBLIC HEARINGS
1. Vacation of a public right-of-way in the Nikiski area. .............................. 18
Location and request: Vacate the south 752 feet (approximately)
of the 60-ft wide Fish St. right-of-way and the west 190 feet of
the 60-ft wide Brush Way right-of-way as dedicated on Nikishka
Subdivision No. 2, plat KN-1400. The proposed right-of-way is to
be re-aligned to be coincident with the east boundary of the
Nikishka Subdivision No. 2. The rights-of-way being vacated are
partially constructed and located within the SW ¼ NE ¼ of S1
T7N R12W, SM, Alaska and within the KPB. File 2016-084.
Purpose as stated in petition: Petitioners state that the existing
Fish Street has two buildings in the right of way and that the
replat will move Fish Street around these buildings. Petitioner(s):
Alaska Omega Nutrition, Inc., of Seattle, WA, and Alvin and
Wilma Hampson of Nikiski, AK.
2. Vacation of a public right-of-way in the City of Kenai. ............................ 37
Location and request: Vacate the entire alley right-of way
(approximately 104 feet long, 20 to 30 feet wide) between Lot
16A and Lot 17, Block 5, as dedicated on Townsite of Kenai
Subdivision, plat KN-2970. The right-of-way being vacated is
unconstructed, but the southwest portion is being used as a
parking lot access point. These parcels are located within the E
½ of Section 6, Township 05 North, Range 11 West, Seward
Meridian, Alaska and within the KPB. File 2016-090. Purpose as
stated in petition: Petitioners state that: 1) the small alleyway
right of way being vacated traverses through the parking lot for
the building on Lot 16A; 2) all roadways are constructed in this
area; 3) there is no need for the small alleyway; and 4) after the
alleyway is vacated, Lot 17 Block 5 will be joined to Lot 16A.
Petitioner(s): Kenaitze Indian Tribe of Kenai, Alaska and the City
of Kenai, Alaska.
3. The State has notified the Borough of an application for ........................ 56
a Standard Marijuana Cultivation Facility License in the
Kalifornsky / Kasilof area. The Borough is holding a public
hearing prior to providing comments to the State on this
application. Applicant: Odin’s Wagon, LLC; Landowner:
Zachary Bell; Parcel Number: 131-120-21; Property
Description: Lot 13, Block 2, Kasilof Alaska Subdivision
Amended Plat, according to Plat 83-166, Kenai Recording
District. Location: 29453 Kalifornsky Beach Road, Kasilof, AK.
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
Page 46 of 51
4. Conditional Land Use Permit for material extraction in ........................ 119
the Kasilof / Cohoe area. Applicant: Pruhs Construction
Company, LLC; Landowner: Alaska Department of Natural
Resources; Parcel Number: A portion of Parcel 133-120-56;
Legal Description: NW 1/4 NW 1/4, Section 31, Township 3
North, Range 11 West, Seward Meridian. Location: South
side of Kasilof River Road ¼ mile west of Sterling Highway in
Kasilof. The property is also accessed at the north end of Bus
Barn Lane. Proposed Land Use: The applicant wishes to
obtain a permit for sand and gravel extraction on a 40-acre
portion of the parcel listed above.
5. Ordinance 2016-25 (Substitute); an ordinance amending .................... 154
KPB 2.40.010 to Reduce Planning Commission Membership
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Conditional Use Permit to build a primary structure within ................... 160
the 50-foot Habitat Protection District of the Kenai River. This
project is located on the right bank of the Kenai River at River
Mile 17, Poacher’s Cove Planned Unit Development, Section 19,
T5N, R10W, SM, KN0870069 AK, (KPB Parcel # 057-489-16).
Petitioner: Meckstroth Family 2002 Trust, Soldotna, Alaska
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS – None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 7 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
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
< < < NEW LOCATION FOR THIS MEETING ONLY > > >
The next regularly scheduled Planning Commission meeting will be held Monday,
September 12, 2016 at the Cooper Landing Community Hall, 18511 Bean Creek Road,
Cooper Landing, Alaska at 7:30 p.m.
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ADVISORY PLANNING COMMISSION MEETINGS
CONTACT INFORMATION
KENAI P ENINSULA 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: planning@borough.kenai.ak.us
website: http://www.borough.kenai.ak.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce TBD 7:00 p.m.
Cooper Landing Cooper Landing
Comm unity Hall September 7, 2016 6:00 p.m.
Hope / Sunrise Hope Social Hall TBD 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.
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KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:00 p.m. August 22, 2016
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
1. Election of Officers (Chairman & Vice Chairman)
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. August 8, 2016 Plat Committee Minutes
4. Time Extension
a. ADL 63572 Vacation Plat ............................................................. 2
`` Associated with Shoreline Heights 2014 Addition Phase
1 Exception to KPB 20.70.130 Vacation Plat –
Preparation, Approval, and Recording
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. Kraxberger Subdivision No. 2 ................................................................. 32
KPB File 2016-092 [McLane / Kraxberger, Miller]
Location: On Gas Well Road in Kalifornsky
2. Evergreen Subdivision Kim Addition Olson Replat ................................. 45
KPB File 2016-097 [McLane / Olson]
Location: On Evergreen Drive / City of Kenai
3. Valhalla Heights Subdivision Wisniewski Second Addition .................... 67
KPB File 2016-098 [McLane / Wisniewski]
Location: Near MP 6 of the Kenai Spur Highway / City of Kenai
4. Alaska State Land Survey No. 2016-01 .................................................. 92
Ninilchik Bluff Subdivision
KPB File 2016-093 [Mullikin / State of Alaska DNR]
Location: Off of Berussa Road in Happy Valley
5. ADL 63572 Vacation Plat ...................................................................... 123
KPB File 2016-094 [Integrity / Lowe]
MEMBERS:
JoAnne Collins
Anchor Point / Ninilchik
Term Expires 2019
Cindy Ecklund
City of Seward
Term Expires 2017
Paul Whitney
City of Soldotna
Term Expires 2017
ALTERNATES:
Blair Martin
Kalifornsky Beach
Term Expires 2018
Franco Venuti
City of Homer
Term Expires 2019
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Location: City of Kenai
6. McGahan Industrial Airpark 2015 Addn. (Revised) .............................. 150
KPB File 2015-015 [Integrity/McGahan]
Location: On Nurphy Street in Nikiski
7. Gaede Eighty Subdivision 2016 Addition ............................................. 232
KPB File 2016-095 [Integrity / Gaede, Rupp]
Location: On the corner of Merrywood Ave and Page St in Kalifornsky
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
< < < NEW MEETING LOCATION FOR THIS MEETING ONLY > > >
The next regularly scheduled Plat Committee meeting will be held Monday, September
12, 2016 at the Cooper Landing Community Hall, 18511 Bean Creek Road, Cooper
Landing, 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: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
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