HomeMy WebLinkAbout2017-08-09 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
August 9, 2017 - 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 – Commissioner D. Fikes
*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:
*July 26, 2017 .................................................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: None
4. UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. Resolution No. PZ17-26 – A Resolution of the Planning and Zoning Commission
Recommending Ordinance No. 2977-2017 to the Council of the City of Kenai, Amending
Kenai Municipal Code Sections 14.20.151 – Application for Conditional Use Permit for
Surface Extraction of Natural Resources, 14.20.152 – Review of Application, 14.20.153 –
Public Hearing, 14.20.154 – Issuance of Permit, 14.20.155 – Operation, 14.20.156 –
Yearly Review, 14.20.157 – Termination, 14.20.158 – Amendment or Transfer, to Allow
the City Planner to Determine Application Completeness and Making Other Housekeeping
Changes. ....................................................................................................................... 5
7. UNFINISHED BUSINESS:
a. Discussion/Recommendation - Lease Application of Airport Reserve Lands between the
City of Kenai and Hilcorp Alaska, LLC, for the properties located at 413 N. Willow Street
and 421 N. Willow Street, and further described as Lots 5 and 6, FBO Subdivision, for a
term of 35 years.
8. NEW BUSINESS:
a. Discussion/Recommendation – Lease Renewal by SOAR International Ministries, Inc. for
a period of five years on the property located at 110 FBO Road, and further described as
Lot 2, Block 3, General Aviation Apron No. 1. ............................................................. 17
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
AUGUST 9, 2017 - 7:00 P.M.
Page 2 of 2
9. PENDING ITEMS: None
10. REPORTS:
a. City Council
b. Borough Planning (Next meeting is August 14, 2017)
c. Administration
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: August 23, 2017
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JULY 26, 2017- 7:00 P.M.
COMMISSION VICE CHAIR KEN PETERSON, PRESIDING
MINUTES
1.CALL TO ORDER:
Commission Vice Chair Peterson called the meeting to order at 7:00 p.m.
a.Pledge of Allegiance
Commission Vice Chair Peterson led those assembled in the Pledge of Allegiance.
b.Roll Call
Commissioners present: B. Springer, K. Peterson, V. Askin, J. Halstead, G. Greenberg
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Acting
City Clerk J. Heinz, and Council Liaison B. Molloy
A quorum was present.
c.Agenda Approval
MOTION:
Commissioner Springer MOVED to approve the agenda with the change of item 5.a. numbering
be changed to PZ17-23 and Commissioner Askin SECONDED the motion. There were no
objections; SO ORDERED.
d.Consent Agenda
MOTION:
Commissioner Springer MOVED to approve the consent agenda; Commissioner Greenberg
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a 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.
e.*Excused Absences – D. Fikes, J. Twait
Page 1 of 26
2. *APPROVAL OF MINUTES:
a. *June 28, 2017
Minutes were approved by the consent agenda.
b. *July 12, 2017
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ17-23 - Original Preliminary Plat of Dragseth Subdivision 2017 Addition submitted by
Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of City of Kenai, 210
Fidalgo Avenue, Kenai, AK 99611
City Planner Kelley reviewed his staff report provided in the packet noting the preliminary plat
reconfigured parcels into tracts, one used as an Airport and Limited Use Airstrip and the other to
be retained by the City, noted the proposed plat complied with subdivision regulations and
recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State, and local
regulations;
• The City Manager for the City of Kenai must sign the plat, acknowledging acceptance
by the City of Kenai of the final plat.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-23 and Commissioner Askin
SECONDED the motion.
VOTE:
YEA: Springer, Peterson, Greenberg, Askin, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS: None.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion / Recommendation - Lease Application of Airport Reserve Lands between
the City of Kenai and Hilcorp Alaska, LLC, for the properties described as Lots 5 and 6,
Page 2 of 26
FBO Subdivision, for a term of 35 years.
Staff explained the applicant was amending their site plan and had requested postponement to
the August 9 meeting.
Commissioner Askin noted she worked for Hilcorp Alaska, LLC and had a potential conflict. After
the Acting City Clerk read the provisions of KMC 1.85.060(d)(1) pertaining to conflict of interest,
Commission Vice Chair ruled that Commissioner Askin could vote on the matter because her
employment wasn’t specifically related to the lease.
MOTION:
Commissioner Springer MOVED to postpone consideration of the recommendation on the lease
application between the City of Kenai and Hilcorp Alaska, LLC, to the August 9 meeting and
Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED.
b. Discussion / Recommendation - Authorizing the City Planner to draft and send a letter
to the Kenai Peninsula Borough supporting a request by the developers of Windhaven
Estates Phase 3 for a two-year time extension.
Staff explained the Borough had received a request for an extension and the Borough in turn
asked the City if there was objection.
MOTION:
Commissioner Springer MOVED authorize the City Planner to draft and send a letter to the Kenai
Peninsula Borough supporting a request by the developers of Windhaven Estates Phase 3 for a
two-year time extension and Commissioner Halstead SECONDED the motion. There were no
objections; SO ORDERED.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Molloy reported there had been no meeting between the
last two Planning and Zoning Commission meetings but reported on the agenda items
scheduled for its August 2 meeting.
b. Borough Planning – No Report; Borough Planning Commissioner Absent.
c. Administration – City Planner M. Kelley reported an ordinance being brought forth for
consideration to amend the Conditional Use Permit application process for the gravel pits
by removing the Commission’s completeness review.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: August 9, 2017
14. COMMISSION COMMENTS & QUESTIONS: None.
Page 3 of 26
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:29 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Acting City Clerk
Page 4 of 26
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: August 3, 2017
SUBJECT: Resolution No. PZ17-26
The purpose of this communication is to provide information to the Planning and Zoning
Commission regarding Ordinance No 2977-2017; which would amend Kenai Municipal Code
Sections 14.20.151 – Application for Conditional Use Permit for Surface Extraction of Natural
Resources, 14.20.152 – Review of Application, 14.20.153 – Public Hearing, 14.20.154 –
Issuance of Permit, 14.20.155 – Operation, 14.20.156 – Yearly Review, 14.20.157 – Termination,
14.20.158 – Amendment or Transfer, to allow the City Planner to determine application
completeness and make housekeeping changes.
Pursuant to Kenai Municipal Code Section 14.20.152, a Conditional Use Permit Application for
the Surface Extraction of Natural Resources requires the Planning and Zoning Commission to
conduct a completeness review of the application and supplemental materials, prior to
scheduling it for a Public Hearing. In the past, when conducting a completeness review, the
Planning and Zoning Commission is limited to reviewing only the application and supplemental
materials and therefore would have to wait to discuss the full project at the next meeting.
Pursuant to Kenai Municipal Code Section 14.20.153 – Public Hearing the application is then
scheduled for the first regular meeting following the meeting at which the initial application review
was made. As is done with other Land Use Permit Applications including Conditional Use
Permits, Variances, Encroachment Permits and Landscape Site Plans, it is the practice of the
City Planner to determine application completeness and to request additional information that
may be needed prior to the application being deemed complete and scheduled for a Public
Hearing before the Planning and Zoning Commission. The proposed ordinance would streamline
the processing of Conditional Use Permits for Surface Extraction of Natural Resources by
requiring that the City Planner conduct the application completeness review prior to the
application being scheduled for a Public Hearing before the Planning and Zoning Commission.
This would reduce the number of meetings needed for the consideration of a Conditional Use
Permit for the Surface Extraction of Natural Resources from two to one. The proposed ordinance
would not eliminate the ability of the Planning and Zoning Commission to ask for additional or
revised application materials from the applicant and postpone their decision until the next
meeting to allow the materials to be submitted and reviewed by the City Planner and the
Commission.
Thank you for your consideration.
Page 5 of 26
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-26
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING AN
ORDINANCE TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTIONS 14.20.151 – APPLICATION FOR CONDITIONAL USE PERMIT
FOR SURFACE EXTRACTION OF NATURAL RESOURCES, 14.20.152 – REVIEW OF
APPLICATION, 14.20.153 – PUBLIC HEARING, 14.20.154 – ISSUANCE OF PERMIT,
14.20.155 – OPERATION, 14.20.156 – YEARLY REVIEW, 14.20.157 – TERMINATION,
14.20.158 – AMENDMENT OR TRANSFER, TO ALLOW THE CITY PLANNER TO
DETERMINE APPLICATION COMPLETENESS AND MAKING OTHER HOUSEKEEPING
CHANGES.
WHEREAS, Kenai Municipal Code Section 14.20.152 – Review of Application, presently
requires that a Conditional Use Permit application for Surface Extraction of Natural Resources
be placed on the agenda of the Planning and Zoning Commission to conduct a completeness
review prior to scheduling it for a Public Hearing; and,
WHEREAS, at the completeness review, the Planning and Zoning Commission can only review
the application for completeness and can therefore only discuss the application and
accompanying information; and,
WHEREAS, after the completeness review is completed by the Planning and Zoning
Commission, pursuant to Kenai Municipal Code Section 14.20.153 – Public Hearing, the
application is then scheduled for the first regular meeting following the meeting at which the
initial application review was made; and,
WHEREAS, as with other Land Use Permit Applications including, Conditional Use Permits,
Variances, Encroachment Permits and Landscape Site Plans, it is the practice of the City
Planner to determine application completeness and to request additional information that may
be needed prior to the application being deemed complete and scheduled for a Public Hearing
before the Planning and Zoning Commission; and,
WHEREAS, it is in the best interest of the City of Kenai and the Applicant to streamline the
processing of Conditional Use Permits for Surface Extraction of Natural Resources by allowing
the City Planner to conduct the Conditional Use Permit application completeness review prior to
the application being scheduled for a Public Hearing before the Planning and Zoning
Commission; and,
WHEREAS, due to Conditional Use Permits being a Quasi-Judicial discretionary decision, the
Planning and Zoning Commission can request that the applicant submit additional application
materials for their review at their next regular meeting and then postpone their decision to
review the materials at their next regular meeting; and,
Page 6 of 26
Resolution No. PZ17-26
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New Text Underlined; [DELETED TEXT BRACKETED]
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT AN ORDINANCE BE ENACTED TO AMENDED KENAI MUNICIPAL CODE
SECTIONS 14.20.151 – APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE
EXTRACTION OF NATURAL RESOURCES, 14.20.152 – REVIEW OF APPLICATION,
14.20.153 – PUBLIC HEARING, 14.20.154 – ISSUANCE OF PERMIT, 14.20.155 –
OPERATION, 14.20.156 – YEARLY REVIEW, 14.20.157 – TERMINATION, 14.20.158 –
AMENDMENT OR TRANSFER, TO ALLOW THE CITY PLANNER TO DETERMINE
APPLICATION COMPLETENESS AND MAKING OTHER HOUSEKEEPING CHANGES.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 9th day of August, 2017.
______________________________________
Jeff Twait, Chairperson
ATTEST:
___________________________________
Jamie Heinz, Acting City Clerk
Page 7 of 26
______________________________________________________________________________
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New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Council Member Glendening
CITY OF KENAI
ORDINANCE NO. 2977 - 2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTIONS 14.20.151 – APPLICATION FOR CONDITIONAL USE PERMIT
FOR SURFACE EXTRACTION OF NATURAL RESOURCES, 14.20.152 – REVIEW OF
APPLICATION, 14.20.153 – PUBLIC HEARING, 14.20.154 – ISSUANCE OF PERMIT,
14.20.155 – OPERATION, 14.20.156 – YEARLY REVIEW, 14.20.157 – TERMINATION,
14.20.158 – AMENDMENT OR TRANSFER, TO ALLOW THE CITY PLANNER TO
DETERMINE APPLICATION COMPLETENESS AND MAKING OTHER HOUSEKEEPING
CHANGES.
WHEREAS, Kenai Municipal Code Section 14.20.152 – Review of Application, presently
requires that a Conditional Use Permit application for Surface Extraction of Natural Resources
be placed on the agenda of the Planning and Zoning Commission to conduct a completeness
review prior to scheduling it for a Public Hearing; and,
WHEREAS, at the completeness review, the Planning and Zoning Commission can only review
the application for completeness and can therefore only discuss the application and
accompanying information; and,
WHEREAS, after the completeness review is completed by the Planning and Zoning
Commission, pursuant to Kenai Municipal Code Section 14.20.153 – Public Hearing, the
application is then scheduled for the first regular meeting following the meeting at which the
initial application review was made; and,
WHEREAS, as with other Land Use Permit Applications including, Conditional Use Permits,
Variances, Encroachment Permits and Landscape Site Plans, it is the practice of the City
Planner to determine application completeness and to request additional information that may
be needed prior to the application being deemed complete and scheduled for a Public Hearing
before the Planning and Zoning Commission; and,
WHEREAS, it is in the best interest of the City of Kenai and the Applicant to streamline the
processing of Conditional Use Permits for Surface Extraction of Natural Resources by allowing
the City Planner to conduct the Conditional Use Permit application completeness review prior to
the application being scheduled for a Public Hearing before the Planning and Zoning
Commission; and,
WHEREAS, due to Conditional Use Permits being a Quasi-Judicial discretionary decision, the
Planning and Zoning Commission can request that the applicant submit additional application
materials for their review at their next regular meeting and then postpone their decision to
review the materials at their next regular meeting; and,
Page 8 of 26
Ordinance No. 2977 - 2017
Page 2 of 8
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New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, at the meeting of August 9, 2017 the Planning and Zoning Commission
recommended that the Council of the City of Kenai ________ 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 Section 14.20.151 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.151 – Application for Conditional Use Permit for Surface
Extraction of Natural Resources, is hereby amended as follows:
14.20.151 Application for [C]Conditional [U]Use [P]Permit for [S]Surface [E]Extraction of
[N]Natural [R]Resources.
An application for a [C]Conditional [U]Use [P]Permit to engage in the surface extraction of
natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed
with the City Planner [ADMINISTRATIVE OFFICIAL], along with the appropriate fee as set forth
in the City’s schedule of fees adopted by the City Council. All applications shall be accompanied
by the following documents and information:
(a) A site plan, drawn to scale, containing the following:
(1) Graphic (and legal) description of the proposed area, including dimensions in feet and
number of acres or square feet;
(2) Existing topographical contours with not less than ten-foot (10′) contour intervals;
(3) Proposed finished topographical contours (when extraction is completed) with not less
than ten-foot (10′) contour intervals;
(4) Existing and proposed buildings and structures on the site;
(5) Principal access points which will be used by trucks and equipment, including ingress
and egress points and internal circulation, especially the haul road from the public
road to the proposed site of the pit;
(6) Indication of the existing landscape features, including cleared areas, wooded areas,
streams, lakes, marsh areas, and so forth;
(7) Location and nature of other operations, if any, which are proposed to take place on
the site.
(b) A narrative statement containing the following information:
(1) Soil surveys with reference to the average year-round water table throughout the
entire acreage. Piezometers may be used to determine an average water depth;
(2) Estimated amount of material to be removed from the site over the entire period of
operation;
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Ordinance No. 2977 - 2017
Page 3 of 8
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(3) Estimated length of time to complete the operation, or, if the pit is to be operated on a
continuing basis, a statement to that effect;
(4) Proposed hours of operation;
(5) Method of fencing or barricading the petition area to prevent casual access;
(6) Amount and location of natural screening provided by trees and vegetation, if any,
between the property lines and the proposed site of the pit;
(7) Plans, if any, to construct artificial screening;
(8) Description of operations or processing which will take place on the site during and
after the time the material is extracted;
(9) Plan or program for regarding and shaping the land for future use;
(10) Method of backfilling and/or replacing topsoil;
(11) Proposed future use of the land after resources are extracted, including a proposed
development plan showing location of houses, parks, lakes, etc.;
(12) Other information which may pertain to the particular site.
(c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required
by state or federal agencies.
(d) Proof that the applicant is the owner of the subject property.
Section 3. Amendment of Section 14.20.152 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.152 – Review of Application, is hereby amended as follows:
14.20.152 Review of [A]Application for Surface Extraction of Natural Resources.
The City Planner [ADMINISTRATIVE OFFICIAL SHALL PLACE THE APPLICATION FOR THE
CONDITIONAL USE PERMIT ON THE AGENDA OF THE COMMISSION FOR THE FIRST
MEETING OF THE COMMISSION FOR WHICH IT IS ELIGIBLE, BASED ON THE DATE OF
FILING WITH THE SECRETARY AND THE APPLICABLE RULES OF THE COMMISSION AT
THAT TIME. AT THAT MEETING, THE COMMISSION] shall review the application and
accompanying information and [SHALL] determine if it meets the requirements of this
[C]Chapter. If the requirements have not been met, the City Planner [COMMISSION] shall
specify the deficiencies therein and [SHALL] request that a supplement to the application be
filed. The City Planner [COMMISSION] may[, IN ITS DISCRETION,] request additional
information pertinent to the particular site to be supplied by the applicant. Such additional
information shall not be requested unless it can be obtained by the applicant at a reasonable
cost. The issue of reasonable cost may be appealed by the applicant directly to the Board of
Adjustment before further review of the application by the City Planner [PROCEEDINGS BY
THE COMMISSION].
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Ordinance No. 2977 - 2017
Page 4 of 8
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Section 4. Amendment of Section 14.20.153 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.153 – Public Hearing, is hereby amended as follows:
14.20.153 – Public Hearing for Surface Extraction of Natural Resources.
[THE COMMISSION SHALL HOLD A PUBLIC HEARING ON THE APPLICATION AT THE
FIRST REGULAR MEETING FOLLOWING THE MEETING AT WHICH THEIR INITIAL
REVIEW WAS MADE, IF NO ADDITIONAL INFORMATION IS REQUESTED, OR IF
ADDITIONAL INFORMATION IS REQUESTED, AT THE FIRST MEETING FOLLOWING A
DETERMINATION BY THE COMMISSION THAT THE SUPPLEMENT TO THE APPLICATION
CONTAINS THE REQUESTED INFORMATION. THE PUBLIC HEARING AND NOTIFICATION
PROCEDURE FOR THIS CONDITIONAL USE PERMIT SHALL BE ACCOMPLISHED IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS CHAPTER.] If the application is
determined to meet the requirements of this Chapter by the City Planner, a public hearing on
the application shall be scheduled in accordance with the requirements of Kenai Municipal Code
Section 14.20.280. In addition to the application, a map showing the approximate location of the
proposed surface extraction, and a statement as to the nature of the proposed extraction
operation shall be provided to the Commission [INCLUDED].
Section 5. Amendment of Section 14.20.154 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.154 – Issuance of Permit, is hereby amended as follows:
14.20.154 – Issuance of [P]Permit for Surface Extraction of Natural Resources.
(a) On the basis of the application with accompanying information, any supplemental
information filed, and such information as may be presented at the public hearing provided
for in this chapter, the Commission shall make a determination as to whether each of the
following requirements has been met:
(1) The application is in substantial compliance with the requirements of this chapter;
(2) The boundaries of the proposed excavation at its greatest dimensions, including back
slopes, are at least two hundred feet (200’) from any road or public right-of-way and
at least one hundred fifty feet (150’) from other surrounding property lines, except that
adjoining permitted surface extraction of natural resources sites are not required to
maintain the above one hundred fifty feet (150’) excavation between sites;
(3) The buffer strips between the excavation site and roadways and property lines
contain sufficient natural screening to obscure the entire excavation from sight of
roadways and inhabited areas. If there is not sufficient natural screening, the site plan
must provide for artificial screening;
(4) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the
contiguous working face;
(5) The site plan does not provide for excavation below the water table except where a
reasonable method of drainage is available at the particular site or where the
proposed future development plan provides for a lake on the site of the excavation;
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Ordinance No. 2977 - 2017
Page 5 of 8
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(6) If the excavation is to be below the water table and the site is likely to endanger the
public safety, the site plan shall provide for fencing of the work area;
(7) The proposed use of land after extraction is completed is feasible and realistic and is
a use permitted in the zone in which the property is located;
(8) The extraction does not destroy the land for the purposes for which it is zoned;
(9) The need for the particular natural resource within the City of Kenai outweighs any
detrimental effects the operation may have on surrounding property owners;
(10) The applicant is the owner of the subject property.
(b) If the Commission determines that all requirements have been met, the Commission shall
direct the City Planner [ADMINISTRATIVE OFFICIAL] to issue a [C]Conditional [U]Use
[P]Permit to the applicant. The permit shall be issued for an indefinite period and shall be
subject to the provisions of this chapter, and shall so state.
(c) The permit may be expressly conditioned by the Commission upon the erection of artificial
screening. If the permit is so conditioned, the Commission shall specify the type of
screening to be erected. Such screening shall obscure the entire extraction operation from
view from any public roadway or inhabited area and shall be compatible with the general
character of the neighborhood. No extraction of resources can take place until the artificial
screening provided for has been erected and approved by the Commission.
(d) Appeals from decisions of the Commission under this section shall be made in accordance
with the provisions of this chapter.
Section 6. Amendment of Section 14.20.155 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.155 – Operation, is hereby amended as follows:
14.20.155 Year Review [OPERATION].
The City Planner shall review the operations of the permit holder annually to determine whether
such permit holder is in compliance with the provisions of this chapter. The City Planner shall
compile a report based on their review and shall submit their report, along with the report of the
permit holder as required by this Chapter, to the Commission.
[DURING THE PERIOD OF CONDITIONAL USE PERMIT, THE PERMIT HOLDER SHALL
COMPLY WITH THE FOLLOWING PROVISIONS:
(A) THE PIT SHALL BE OPERATED SUBSTANTIALLY IN ACCORDANCE WITH THE SITE
PLAN AND STATEMENTS THAT ACCOMPANIED THE APPLICATION FOR THE
CONDITIONAL USE PERMIT, AS SUCH MAY BE AMENDED FROM TIME TO TIME IN
ACCORDANCE WITH THIS CHAPTER.
(B) THE PERMIT HOLDER SHALL SUBMIT A YEARLY REPORT TO THE
ADMINISTRATIVE OFFICIAL WITHIN THIRTY (30) DAYS FOLLOWING THE ANNIVERSARY
OF THE ISSUANCE OF THE CONDITIONAL USE PERMIT. SUCH REPORT SHALL SHOW
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Ordinance No. 2977 - 2017
Page 6 of 8
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THE AREA WHICH HAS BEEN CLEARED DURING THE PREVIOUS YEAR, THE CURRENT
WORKING AREA AND ANY AREA WHICH HAS BEEN RECLAIMED OR PARTIALLY
RECLAIMED, AND SHALL STATE THE QUANTITY OF MATERIAL WHICH WAS ACTUALLY
REMOVED DURING THE PRECEDING WORK YEAR. THE REPORT SHALL ALSO CONTAIN
PROJECTIONS OF THE SAME INFORMATION FOR THE NEXT WORK YEAR.
(C) NO PART OF THE EXTRACTION OPERATION SHALL BE VISIBLE FROM PUBLIC
ROADWAYS OR INHABITED AREAS.]
Section 7. Amendment of Section 14.20.156 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.156 – Yearly Review, is hereby amended as follows:
14.20.156 Operation and Revocation [YEARLY REVIEW].
During the period of Conditional Use Permit, the permit holder shall comply with the following
provisions:
(a) The pit shall be operated substantially in accordance with the site plan and statements that
accompanied the application for the conditional use permit, as such may be amended from
time to time in accordance with this chapter.
(b) The permit holder shall submit a yearly report to the City Planner within thirty (30) days
following the anniversary of the issuance of the Conditional Use Permit. Such report shall
show the area which has been cleared during the previous year, the current working area
and any area which has been reclaimed or partially reclaimed, and shall state the quantity
of material which was actually removed during the preceding work year. The report shall
also contain projections of the same information for the next work year.
(c) No part of the extraction operation shall be visible from public roadways or inhabited
areas.
(d) If the City Planner determines, based on their yearly review or any other investigation
undertaken by them, that the conduct of the operation is not in compliance with the
provisions of this chapter, they may revoke the permit. They shall not revoke the permit,
however, unless and until the permit holder has been notified of the violation and given a
reasonable opportunity to correct it. In the event that a pit is unused for a period of three
(3) years, the City Planner may revoke the Conditional Use Permit.
(e) Appeals from decisions of the City Planner under this section shall be made in accordance
with the provisions of this chapter.
[THE ADMINISTRATIVE OFFICIAL SHALL REVIEW THE OPERATIONS OF THE PERMIT
HOLDER ANNUALLY TO DETERMINE WHETHER SUCH PERMIT HOLDER IS IN
COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER. HE SHALL COMPILE A
REPORT BASED ON HIS REVIEW AND SHALL SUBMIT HIS REPORT, ALONG WITH THE
REPORT OF THE PERMIT HOLDER AS REQUIRED BY THIS CHAPTER, TO THE
COMMISSION.]
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Ordinance No. 2977 - 2017
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______________________________________________________________________________
_______
New Text Underlined; [DELETED TEXT BRACKETED]
Section 8. Amendment of Section 14.20.157 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.157 – Termination, is hereby amended as follows:
14.20.157 Amendment or transfer.
(a) No Conditional Use Permit issued hereunder shall be transferred until the proposed
transferee has made application for transfer in writing filed with the City Planner, which
application shall state that they intend to be bound by the plan and statements contained
in the application of the permit holder or shall contain the amendments to the plan his
proposed operation would mandate. The Commission shall approve the application for
transfer and in so doing amend the site plan and statements if such amendments as are
contained in the application for transfer would have been approved had they been
contained in the original application.
(b) A permit holder may amend their site plan and statements by filing an application for
amendment in writing with the City Planner. The Commission shall approve the application
for amendment if the original application would have been approved had it contained the
provisions of the application for amendment.
[14.20.157 TERMINATION.
(A) IF THE ADMINISTRATIVE OFFICIAL DETERMINES, BASED ON HIS YEARLY REVIEW
OR ANY OTHER INVESTIGATION UNDERTAKEN BY HIM, THAT THE CONDUCT OF THE
OPERATION IS NOT IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, HE
MAY REVOKE THE PERMIT. HE SHALL NOT REVOKE THE PERMIT, HOWEVER, UNLESS
AND UNTIL THE PERMIT HOLDER HAS BEEN NOTIFIED OF THE VIOLATION AND GIVEN
A REASONABLE OPPORTUNITY TO CORRECT IT. IN THE EVENT THAT A PIT IS UNUSED
FOR A PERIOD OF THREE (3) YEARS, THE ADMINISTRATIVE OFFICIAL MAY REVOKE
THE CONDITIONAL USE PERMIT.
(B) APPEALS FROM DECISIONS OF THE ADMINISTRATIVE OFFICIAL UNDER THIS
SECTION SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS
CHAPTER.]
Section 9. Deletion of Section 14.20.158 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 14.20.158 – Amendment or Transfer, is hereby deleted as follows:
[14.20.157 AMENDMENT OR TRANSFER.
(A) NO CONDITIONAL USE PERMIT ISSUED HEREUNDER SHALL BE TRANSFERRED
UNTIL THE PROPOSED TRANSFEREE HAS MADE APPLICATION FOR TRANSFER IN
WRITING FILED WITH THE ADMINISTRATIVE OFFICIAL, WHICH APPLICATION
SHALL STATE THAT HE INTENDS TO BE BOUND BY THE PLAN AND STATEMENTS
CONTAINED IN THE APPLICATION OF THE PERMIT HOLDER OR SHALL CONTAIN
THE AMENDMENTS TO THE PLAN HIS PROPOSED OPERATION WOULD MANDATE.
THE COMMISSION SHALL APPROVE THE APPLICATION FOR TRANSFER AND IN SO
DOING AMEND THE SITE PLAN AND STATEMENTS IF SUCH AMENDMENTS AS ARE
CONTAINED IN THE APPLICATION FOR TRANSFER WOULD HAVE BEEN
APPROVED HAD THEY BEEN CONTAINED IN THE ORIGINAL APPLICATION.
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Ordinance No. 2977 - 2017
Page 8 of 8
______________________________________________________________________________
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New Text Underlined; [DELETED TEXT BRACKETED]
(B) A PERMIT HOLDER MAY AMEND HIS SITE PLAN AND STATEMENTS BY FILING AN
APPLICATION FOR AMENDMENT IN WRITING WITH THE ADMINISTRATIVE
OFFICIAL. THE COMMISSION SHALL APPROVE THE APPLICATION FOR
AMENDMENT IF THE ORIGINAL APPLICATION WOULD HAVE BEEN APPROVED HAD
IT CONTAINED THE PROVISIONS OF THE APPLICATION FOR AMENDMENT.]
Section 10. 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 11. 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 16th day of August,
2017.
______________________________________
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, Acting City Clerk
Introduced: August 2, 2017
Enacted: August 16, 2017
Effective: September 15, 2017
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MEMORANDUM
TO: Planning and Zoning Commission
THROUGH: Mary Bondurant, Airport Manager
FROM: Matt Kelley, City Planner
DATE: August 3, 2017
SUBJECT: Lease Renewal – Lot 2, Block 3, General Aviation Apron No. 1
The purpose of this communication is to provide information to the Planning and Zoning
Commission regarding the Lease Renewal of Lot 2, Block 3, General Aviation Apron No. 1.
SOAR International Ministries, Inc., currently leases the above-described property located inside
the Airport Reserve for “aircraft storage and maintenance”. The initial term of the lease was for
13 years and expired on June 30, 2017. Richard Page, President of SOAR International
Ministries, applied to renew the lease for a period of 55 years on June 21, 2017.
The subject parcel is zoned Airport Light Industrial (ALI). Pursuant to KMC 14.22.010 – Land Use
Table the proposed use of the parcel consisting of aircraft storage and maintenance would fall
under Airport Compatible Uses. This use is a principally permitted use and is therefore consistent
with the Airport Light Industrial Zoning District. Furthermore, the Comprehensive Land Use Plan
designation is Airport Industrial. It is defined as “…intended to support continued development at
the Kenai Municipal Airport. It is intended for those lands reserved for the airport and its future
expansion are included in this classification. Residential uses may be considered appropriate
provided the residential use is associated with and secondary to the primary industrial use.”
The continued use of the subject parcel as an aircraft hangar is consistent with the Airport
Industrial Comprehensive Plan Land Use designation and the Airport Light Industrial Zone.
KMC 21.10.0909(c) outlines the maximum lease term requirements based on total investment.
The applicant has requested to renew the term of lease for 55-years with no additional
investment. The applicant has indicated that they do not wish to make any additional investment
into the subject parcel; therefore, the lease renewal can only be for a period of 5-years.
Staff, therefore, would to therefore recommend to the Planning and Zoning Commission, that the
subject lease be renewed for a period of 5-years and that their recommendation be forwarded to
the City Council.
Thank you for your consideration.
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ETOLIN SUBD.SECOND ADDNAVIATION
APRON
NO. 1
1A
2
2
3
1A
1A 1
9
2
8
(3)
(1)101330325 135130135130110125115100101330325
.
100 '
Date: 8/3/2017
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 100 feet
Lot 2, Block 3GAA SUBD. NO. 1
FBO ROADMAIN STREET LOOP Page 25 of 26
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