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Home My WebLink About1995-06-14 P&Z Packet CITY OF KENAI PLANNING AND ZONING COMMISSION "AGENDA*' Council Chambers, 210 Fidalgo. Kenai. Alaska June 14, 1995, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES May 24, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Lease Application -Lot 3, Block 2, General Aviation Apron Craig R. Lofstedt, d/b/a Kenai Air Alaska, Inc. b. Resolution PZ 95-31: Home Occupation Permit -Ray & Susan Carr c. Resolution PZ 95-32: Miller House Subdivision d. Corps of Engineers Permit -Foster Construction 6. PUBLIC HEARINGS (3 minutes) a. Resolution PZ 95-30: Conditional Use Permit for Extraction of Natural Resources -Foster Construction 7. NEW BUSINESS a. Comprehensive Plan Review -Social, Cultural and Educational Facilities Public Facilities & Services: Teresa Wemer Guade=Airport, Health, Parks 8~ Rec Ron Goecke=Animal Control, Fire Department Karen Mahurin=Library Phil Bryson=Utilities Kevin Walker=Senior Services 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council ~ ~ ~. °(~,-taws ~~ ~ , b. Borough Planning ~~,~,,, ~-wy.- ~~ .o ,~ ,a .~, ~,~,~,. 6 ~ <,~ ~~~;~ c. Administration ~_ ~~,, ~~.., - ~'~ ~' - - ~ ~` j~ ~ fm ~,. f'~y~'C61'S~ L IC~ ~r'G '~+~~*f 11. PERSONS PRESENT NOT ~`CHEDU~ED _ . a. Letter from Wendy Knight, Housing Coordinator, Central Peninsula Counseling Services -Transitional Living Unit - 211 Sterling Court 14. ADJOURNMENT ~. CITY OF KENAI j PLANNING AND ZONING COMMISSION "MINUTES*' Council Chambers, 210 Fidalco. Kenai, Alaska May 24, 1995 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present:. Phil Bryson, Ron Goecke, Karen Mahurin, Teresa Werner-Quade, Carl Glick, Kevin Walker Members absent: Biil Toppa Also present: Bob Springer, Building Official; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Chairman Walker noted there were several handouts to be added to the agenda. MOTION AND VOTE: Ron Goecke MOVED for approval of agenda with modifications and asked for UNANIMOUS CONSENT. Cari Giick SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES May 10, 1995 MOTION AND VOTE: Karen Mahurin MOVED for approval of minutes as presented. Carl Glick SECONDED AND ASKED FOR UNANIMOUS CONSENT. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING Planning & Zoning Commission May 24, 1995 Page 1 6. PUBLIC HEARINGS a. Resolution PZ 95-26: Rezoning DeWayne Benton MOTION: Carl Glick MOVED for approval of Resolution PZ 95-26: Rezoning DeWayne Benton. Ron Goecke SECONDED. STAFF COMMENT: Bob Springer said he had no additional comments other than the original analysis contained in the packet. PUBLIC COMMENT: Chairman Walker asked for public comment. Seeing and hearing none he brought it back to the Commission for comments. P&Z COMMENTS: Karen Mahurin noted in the staff report the City Engineer commented that P&Z had recently reviewed the possibility of rezoning the Spur corridor to commercial and decided not too, she asked to be brought up to date on this. Chairman Walker said the review was for the corridor adjacent to the Spur, there was a controversy about the depth of the zone. A member of the audience asked that a letter be read into the record from Robinson Trustee Inc. Loretta Harvey read the letter into the record (attached). DeWayne Benton, applicant, said he felt the requested permit was consistent with what was in the area. There is a commercial zone right across the Spur Highway. Phil Bryson, said an issue that came up when considering rezoning the Spur corridor, was that it would not be consistent with the Land Use Plan. He also felt it would be considered spot zoning. Ron Goecke felt the Spur corridor should eventually be rezoned commercial and this was a good place to start. Planning ~ Zoning Commission May 24.1995 Page 2 Chairman Walker indicted this situation was like the property by Swires Road, which } has been rezoned to commercial in the past five years. Wacker felt this rezone request was adjacent to commercial property and it would be a logical extension. Karen Mahurin told the applicant one letter expressed concern over the noise level and activity his shop might create. She asked if there would be a problem with noise, etc? DeWayne Benton said there would be no noise from the business. There are maybe two or three vehicles a day, which would come to the shop. Ron Goecke called for the question. VOTE: BRYSON GUCK GOECKE MAHURIN 70PPA WALKER WERNER- ~UADE NO NO YES NO ABSENT YES NO MOTION FAILS BY MAJORITY VOTE. Chairman Walker explained to the applicant he had the right to appeal the decision to ~ City Council. b. Resolution PZ 95-27: Cabin Rental - Lofstedt MOTION: CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 95-27. RON GOECKE SECONDED. STAFF REPORT: No additions to packet information. PUBLIC COMMENT: Dorothy Gray asked for clarification on whether this is a B & B or cabin rentals. In the Land Use Table these items are listed differently, and a B & B must be owner occupied. She asked what the official definition of a B & B was. and where this fits in. She noted this area borders the Townsite Historic Zone and she felt it needed to conform to the Code. Planning & Zoning Commission May 24, 1995 Page 3 Councilperson Smalley explained that a B & B is owner occupied, and you can have one or two people come to the establishment to work, and only a percentage of the home can be rented. With a cabin rental, there is no owner occupied criteria and the entire unit is rented. Dorothy Gray asked if the applicant owns the property. Diane Lofstedt said she was the owner of the property. She will be occupying the Miller house and the cabins will be rented as complete units. COMMISSION COMMENTS: Karen Mahurin asked how far apart the buildings will be and what type of landscaping is planned. Diane Lofstedt said they should be 15 to 20 feet apart. There are two buildings on the lot which will be removed. Around the Miller house there will be a grassed area, the cabins will have boardwalks, shrubbery, perienniels. She wants to leave as many trees as possible. Karen Mahurin asked if the buildings would be movable, since the plans show they will be built on skids. Diane Lofstedt said the cabins will be semi-permanent, but with the bluff erosion problems, she did not want them to be permanent. Carl Glick asked what the exterior of the building will be. Diana Lofstedt said they will have white vinyl siding, with dark metal roofs, which will tie in to the Miller house. Phil Bryson noted the drawing showed five cabins, and asked 'rf that was the intent to someday have five cabins there. Diana said five would be the maximum. She was not sure they would have all five cabins built for this season. Phil Bryson was not sure whether two conditional uses for one property was allowable, or if having a single conditional use for separate activities. Planning & Zoning Commission May 24, 1995 Page 4 Councilman Smalley remembered when he was on the Commission, a situation came } up where a person had one conditional use permit. He came in for another CUP and it was not allowed until the other CUP was discontinued. He did not think two uses can exist on the property at the same time. Cary Graves was not available to get a legal opinion on this. Smalley recommended 'rf the CUP was approved, perhaps a clause such as "pending legal review" should be added. Diana Lofstedt said she had no problem removing the B & B portion from the permit. This is really for cabin rentals only. AMENDED MOTION: Carl Glick MOVED to amend the motion to delete the B & B portion from the application. Ron Goecke concurred. Chairman Walker asked if their were persons who wished to testify regarding the amended motion. Seeing and hearing none, he brought it back to the Commission for action. Councilman Smalley recommended to the Lofstedt's, if they decided to do something with the Miller house in the future, they should talk to the City Attorney to verify if this would be allowed. Karen Mahurin noted she highly valued the old part of Kenai, and she felt this was a good use. The white vinyl and brown didn't set well with her, but she understood Lofstedt's were trying to tie it in with the Miller house. Karen hoped the Lofstedt's would tie the landscaping into the historical and cultural parts of town. A lot of people want to see that area developed, but hope to tie it into a feeling of history. VOTE-AMENDED MOTION: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- ~UADE YES YES YES YES ABSENT YES YES MOTION PASSES UNANIMOUSLY. Planning & Zoning Commission May 24, 1995 Page 5 VOTE: MAIN MOTION BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- OUADE YES YES YES YES ABSENT YES YES MOTION PASSES UNANIMOUSLY. c. Resolution PZ 95-28: RV Parking Fiiipovski MOTION: CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 95-28. RON GOECKE SECONDED. PUBLIC COMMENT: Mike Wiles, 1206 First Avenue, stated he was opposed to the RV parking. He owned Lot 168, which was adjacent to the proposed area. He was concemed about the type of transient people who would utilize the RV park. He noted there would be no restrooms, and just a little leveling, will not make a quality RV park. He asked that the letters in opposition to the permit be taken into consideration and the permit be denied. Glenna Swearingin, 107 Birch Drive, also expressed concern about the noise, sanitation and loss of property values if this development is allowed. She was opposed to the RV park. Nancy Wiles, 1206 First Avenue, was worried about the transient people who would be attracted to the area. She has a 10 and 11 year old child, and is concerned about their physical safety. Vivian Swanson, 110 Spruce Street, stated part of the development is in the Commercial Zone. There is a vacant house on the property which will be removed. A previous permit was issued for a sawmill on this property. Karen Mahurin, askedrf Swanson was planning to put shower and toilet facilities on the lot. This was noted as a requirement on the staff report under the unrform building code. She felt uncomfortable voting on this item until the facilities were shown on the site plan. Planning & Zoning Commission May 24, 1995 Page 6 Vivian Swanson noted there were utilities at the site, and she could put in such ,~ facilities. Mike Wiles said the comment about the shower facilities substantiates the concerns that everything in this development is being done to the minimum standards. END OF PUBLIC COMMENT. MOTION: Carl Gllck MOVED to table until an adequate site plan could be provided to the City, detailing water and sewer connections. Aon Goecke SECONDED. Chairman Walker noted this was anon-debatable motion and called for the question. VOTE: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- ~UADE NO YES YES NO ABSENT YES NO MOTION FAILED. Chairman Walker noted this item was not tabled and asked 'rf there were more questions or comments from the Commission. Phil Bryson did not wish to table this item, because he felt development would have a major effect on the area, and he would be opposing it. Karen Mahurin said she was also opposed to the RV parking. Teresa Wemer-Quade noted a positive action on this item could set a precedent for substandard RV parks within the City. Existing parks have gone to considerable expense to be in compliance with all codes. Filip Filipovski said he was leasing the property and was hoping to develop the RV park to help support his family. He also has children in the area and didn't feel the park would pose a threat to them. Planning & Zoning Commission May 24, 1995 Page 7 VOTE: MAIN MOTION BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- DUADE NO NO NO NO ABSENT NO NO MOTION FAILS. Chairman Walker noted the decision could be appealed to the Council. d. Resolution PZ 95-29: Summer Rental -Merit Inn MOTION: CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 95-29. TERESA WERNER-QUADE SECONDED. PUBLIC COMMENT: Marion Nelson, P.O. Box 3612, Kenai, said the house was her daughters and the rental had nothing to do with the Merit Inn. The house was presently rented. The renters were scheduled to move, but their child has some severe health problems, and they would like to stay in the house. Chairman Walker said the Commission could postpone action on the item until the applicant was ready to proceed with renting the property as indicated on the permit. Marion Nelson agreed it could be postponed, as the CUP would be good for a year, which would give her daughter time to be ready for next year's tourist season. Kathy Godek, 310 Phillips Way, noted a letter she had sent, which outlined serveral concems (attached). She was concerned about the safety factor during the school year, due to increased traffic, and wanted the permit limited to summer months. If the concems in her letter were addressed in the conditions of the permit, -she had no objections. END PUBLIC COMMENT. Planning & Zoning Commission May 24, 1995 Page 8 COMMISSK3NER COMMENTS: \~ Ron Goecke, didn't like the idea of an unmonitored rental unit. In a B & B, it is owner occupied, therefore, activity is monitored. He didn't feel this was appropriate in a residential neighborhood. Karen Mahurin agreed that a B & B, is a more desirable rental in a residential area. The amount of rental space is limited, and activities are monitored. MOT10N TO POSTPONE. Carl Giidc MOVED to postpone action on the item until the applicant is ready to rent the unit. Werner-Quade SECONDED. Chairman Walker noted this was anon-debatable motion and called for the question. VOTE: TO POSTPONE ACTION BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- ~UADE YES YES NO NO ABSENT YES NO MOTION FAILS. Chairman Walker noted the motion to postpone had failed and asked if there were further questions or comments. There were none. VOTE: MAIN MOT10N BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE NO NO NO NO ABSENT YES NO MOTION FAILS. Chairman Walker noted the decision could be appealed to Council. Planning & Zoning Commission May 24, 1995 Page 9 7. NEW BUSINESS a. Comprehensive Plan Review -Planning & Zoning Procedures, and Social, Cultural and Educational Facilities MOTION: Ron Goecke MOVED this item DED~ NO OBJECTIONS. SO ORDERED.e to time constraints. Carl Glick SECON Teresa Werner-Quade noted the Commission had previously reviewed Planning & Zoning Procedures. She suggested they review Public Facilities and Services, with each Commissioner taking a specrfic section and bringing back updates. Assignments were: Teresa Werner Quade=Airport, Health, Parks & Rec Ron Goecke=Animal Control, Fire Department Karen Mahurin=library Phil Bryson=Utilities Kevin Walker=Senior Services 8. OlD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council Councilman Smalley, having finally returned from budget work sessions, during which time he was greatly missed, reported on the following agenda items. The city is developing a new well, with the well house and some connectors to be completed this year. Council approved repair of a portion of the Fine Arts Building roof. Ron Goecke asked why the old tanks ttwas unsafeethe city should disposeyor~t, due to felt the tanker was replaced because the liability the truck might incur. b. Borough Planning Phil Bryson reported on agenda items. The Commission approved a bank stabilization project under the Soldotna Bridge. Laddville Plat #2 was approved. The Planning Director job has been reopened, the person originally selected declined the job. Planning & Zoning Commission May 24, 1995 Page 10 c. Administration ~ Loretta Harvey noted two information items. One item was that the burger bus which had a conditional use (CUP) the summer of 1994, had been moved to a commercial zone. Therefore, it did not require a CUP to operate this summer. Harvey also noted the article regarding group homes, that City Attomey Graves had requested to be placed in the packet. Earlier that day Harvey had received a citizen complaint regarding such an establishment at 211 Sterling Place. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Commission Seminar-June 17, 1995 b. Coffee Bus-Update c. KRSMA Minutes d. Chugach National Forest Schedule of Proposed Actions e. Article from City Attomey Regarding Group Homes f. Junk & Debris Memo from City Engineer 13. COMMISSION COMMENTS & QUESTIONS Karen Mahurin suggested the Commission consider limiting public testimony to 3-5 minutes per speaker. After discussion it was decided, if there is a heavy public tum out, the Chairman will ask the speakers to wrap up their testimony after 3 minutes has expired. Also the agenda will note the 3 minute time limit under public hearings. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 9:10 p.m. Respectfully submitted, ~~ ~~ ~_ i ~ r. Loretta Harvey, Administrative Assistant Planning & Zoning Commission May 24, 1995 Page 11 CITY OF KE~IAI ~ ~"~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907.283-7535 _ _ FAX 907-283-3014 ~ ~FYr1O0P1 ,~II~' X992 MEMORAI~TDUM TO: Kenai Planning & Zoning Commission FROM: Kim Howard, Administrative Assistant ~ , DATE: May 23, 1995 FOR: June 14, 1995 'Meeting RE: Lease Application - Lot 3, Block 2. General Aviation Apron Craig R. Lofstedt d/bla Kenai Air Alaska. Inc. The lease for the above referenced property expires on June 30, 1995. Covenant 8 of the lease provides that the lessee may apply -for application for renewal, and certify "under oath as to the character and value of all improvements existing on the land, facilities, properties, or interests therein ..." Also, Covenant 8 states a deposit shall be submitted, "the sum equivalent to 100 percent of the prevailing annual rental or fees still in effect" The lessee has complied with the above requirements and has completed the attached lease application. Thirty years is the maximum term that can be requested according to Federal Aviation Administration (FAA) guidelines. Please review the attached lease application and make a recommendation to the Kenai City Council. Your recommendation will be forwarded to the City Council for consideration at the June 21 Council meeting. If the lease application is approved by the Council, an appraisal will be ordered and reviewed by the FAA. Kenai Municipal Code requires the applicant to pay for the cost of the appraisal. Does the Kenai Planning and Zoning Commission recommend approval of this lease application? Attachment cc: Craig l:,ofstedt /kh J C:\wPDOCS\LEASES\MEMO.P82 CITY OF KEIVAI 210 Fidalgo eve. , :~enai, :llasica 99611 283--, 530 LEASE APPLICATION Name of Applicant Craig R. Lofstedt DatQ xacoivied 5 /,Z3/~ S Time i ci ~ v~fhrc~ocatio~ ~` ,~ ~_ 1C~1~tlY1@ at1d; 't.LtjL') /~~ ~~ Address 155 Granite Point Court, Kenai. Alaska 99611 Business 'vame and Address Kenai Air Alaska, Inc. 155 Granite Point Court, Kenai, Alaska 99611 Kenai Peninsula Borouoh Sales Tax No. 01385 (if applicable ) State Business License No. BL007325 (if applicable ) Telephone (907) 283-7561 Lot Description Lot 3 Blocic ~ General Aviation Apron Desired Length of Lease 30 yrs. Property to be used for Aircraft operation and maintenance Description of Developments (type, construction, size, etc.) rircraft hangar with attached office facility (metal building, 50' x 90' ) Attach development plan to scale ~~" = 50'), showing all buildings planned. No additional buildings planned. Time Schedule for Proposed Development: Beginning Date ~~/~ Proposed Completion Date ~~~} ~~' Estimated Value of Construction $ ,//~~",~,,~- Date: 5/18/95 Signed: / Date: Signed: ~~ 1 ." CITY OF KENAI CHECK FIST rOR SITE PLANS ALL ITEMS t~fUST BE COMPLETED BEFORE nPPLICATION CAN BE ~,CCEPTED Drawings should be drawn to scale 1"= 50 ft.*, and must show layout of the lot applied `or and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings ~ ~~ 2. Proposed buildings 3. Parking facilities (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of sno w removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport .,~,, lands must complete FAA Farm 7460-1 ~~~ *This does not have to be drawn by an architect or engineer. 2 Description of Propect;~ Lot 3, Blocic 2, General aviation Apron } CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost ~ 7 d7 ~~ ~CG~~r1~`~L~u~_ v Zoned for ,~~~,~ fYG Permits required ~(/f/¢--' Assessments `22p-yL~. Insurance required ~ ~' ~~/.% Construction must begin by ~{/~~ Completion date for major construction ~(/~~}-' THIS APPLICATION WILL BE MADE A PART OE THE LEASE Planning Commission Approval: By: Date of Approval Chairman City Council Approval: By: Date of Approval City Clerk 4 0 Y H _O ^^l ~. J ~~ O~ V O Z ~ I~ a~'~ 7f~-~ 'r Q] pr `j .. Z '}t~ F`•* i:~.i `;~ ~ `~ 1~ of ZR„' M Q z ~ c C ~ r 67 .. -. 1 ~~ _ ~ O _ .~. C ~~ ' ~ 2 i Y '' ~~ 1 -rte ~ J V O ~ V / ~= ~~~A/ W Y ~ .~ ~_ ~ ~ ,~ ~ ` L'~ ~ .~,~ 2 ~°~ ~ ~ ti ~ ~ ~~ ~ ~~ 7j ~~ ~ ~D~.r ~ ~ \ V a ~ ~ ~ , h .. O ~ ; ~, 1\ a 9 ®~ , o~ (tom ~~ ~~ ; ~ ~~~/a ~ i ~'' s' / "° > ~- ~ ,; parcel o ~ • , ~ ~ Sri ~ . 6 ~ \ ~O ' \J ~i o~ 1 ~ .~ ;~ F- ~~tio ~~ 2 ~: cJ 5, i' ~`. 5 G-r-a rt ~ ~ +~ r~o i rt -}- C o u. ~ + ~fI C a0U' r~ 'w . ~ : ~ ...: 'STAFF REP~3RT TO: Planning and Zoning Prepared by: JL S H DATE: June 9, 1995 Resolution No. PZ 95- 1 A~Spiica~tr.::> ~a~lmond : & Susan.: Carr <' ::»>:<:::;>:>::::>:;;:<>. ;::.::.::; ~ wood ....... 9 ;> .. ....... .....L:.::.::.::.:~Ce. : x .:.::.;::..:::::.. ::::::::.:»<::»>:<.:>:>:: :::::..::..::.:.::.:;.::::.;::.;:::.;.::::.::.. .::::::::. .............. .......:::..:............. ............. . .. .::. .... .:::::::.::.:::::::::.::: ,:. . REQUESTED ACTION Home Occupation Permit LEGAL DESCRIPTION Lot 5, Block 1A, Valhalla Heights EXISTING ZONING Rural Residential (RR) ROP ED O N u r si nti er 'o (C' STAFF ACTION Reviewed by ineer, and Planning Staff OTHER Spoke with applicant. ANALYSIS: I This will be a low-key business. The home occupation would be for contract typing and fingerprinting. Appears con sistent with KMC 14.20.230. RECOMMENDATIONS: Recommend approval. ATTACHMENTS: 1. Resolution PZ 95-13 2. Application 3. Site plan CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ 95-,3( HOME OCCIIPATION PERMIT:.. A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A HOME OCCIIPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR R ~ S PYotectior_ Services located 4401 N. Dogwood ~t S , B1 n .k 1 A. Valhalla Heights by Ra~~mond & ~ ~san rr WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec. 14.20.230, has been submitted and received on Mav 31 1995 2. ?'hat the application has been reviewed by the Commission at their meeting of June 14, 1995 and found that all application requirements (have) (have not) been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specif ied. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 14th day of June 1995. Chairman ATTEST: Planning Secretary C:\WPDOCS\PZRES\HOP //~/ RESOLL"~ION PQZ 95Q-3/ SUBJECT /7U~ ~ '~~O ~ - ~9~i1 /. /jam L d ~~ BUIIIING OFFICIAL COMMENTS ..f ` ~ ' v J i~ ~. ~,2.3c~ . `t r rJC '1791 -1991 Date : `°`~3 ~ /~i CITY OF KENAI „a~ G'd~~l ~ r4~i~„ 210 FIDALGO KENAI, ALASKA 9ggi1 TELEPHONE 283.7535 FAX 907.283-301 ~f-gt -1 ~ HOME OCCUPATION PERMIT _ -~ ~® J ADDRESS: ' '1 LEGAL DESCRIPTION OF PROPERTY : ; - u I =- ~ ; ! ~ ~~ ~~ ~ _ .,~ c !' ~~'* ~ - - . T ~ ~^' `( J DESCRIPTION OF OCCUPATION: j/ !~ I'ry~ ~-~~-~%' occ~ t'~G -~- ~ n , °r f~r~ ~ -i- i I't J ~ J Section 14.20.230 of the City of Kenai Municipal Code outlines regulations which allow Home Occupations in residential zones, subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ,~~ Not more than one person outside the family shall be employed in the home occupation. 2 . ~;"~ No more than 3 0$ of the gross floor area of all buildings T on the lot shall be used for the home occupation. Please submit site plan with square footage and area clearly marked where business will take place. 4 3 . ~, ~ _ The home occupation shall be carried on wholly within the principal building, or the buildings which are accessory thereto. Any building used fora home occupation shall be wholly enclosed. Will this development require a building permit? YES ENO ~ (circle one),_~-'~ ~'~Fu~i ~~-'~`'•~~- // Applicant's Signature: ,1• _.;i Approved: CHAIRPERSON ATTEST: Date: NAT T~ 5~ ~ 1 ,= G. STAFI`,REP~3t~ ,_> ..... TO Planning and Zoning Prepared by: JL~RS~LH DATE: June S, 1995 Resolution No. PZ 95-32 REflUESTED ACTION Plat LEGAL DESCRIPTION Lot 10, Block 19, Original Townsite EXISTING ZONING Central Commercial (CC) STAFF ACTION Reviewed by City Engineer, and Planning Staff OTHER Site of approved Conditional Use Permit for Cabin Rentals. ANALYSIS: This is a simple lot split type subdivision. Lot 10, Block 19, will be subdivided into lot 10A (parking area for church), and lot 10B (Miller house). No installation agreement required. RECOMMENDATIONS: Recommend approval. ATTACHMENTS: 1. Resolution PZ 95-31 2. Plat CITY OF KENAI PLANNING r',ND ZONING COMMISSION RESOLUTION NO. PZ 95-3 2 SUBDIVISI0IT PLAT a RESOLUTION OF THE ?CANNING AND ZONING COMMISSION OF THE CITY OF ~CENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE ,~PPAOVED SUBJECT TO THE FGLLOWING CONDITIONS: `NHEREAS, the attached plat Miller House Subdivision .vas re#erred to the City of Kenai Plannmo and Zoning Commission on ~ ~ 6 i 9 ~ and received from DianayLofstedt ,and `JVHEREAS, the City of Kenai Planning and Zoning Commission finds: 1) Plat area is zoned Centres 1 Commerc; a ~ r c-c ~ and there#ore subject to said zone conditions. ~) Water and sewer. Availab e - 3) Plat does no subdivide prope within a public improvement district subject to specia assessments. There is no a delinquency amount owed to the City of Kenai for the re#erenceo property. 4) Installation agreement or construction of improvements 's no) required. 5} Status of surrounding land is shown. 6) Utility easements, if required, are (not) shown. 7) Any existing structures must be snown on plat. 8) Street names designated on the plat are correct. 9} INCLUDE STATEMENTS ON ATTACHED STAFF COMMENT SHEET. NOW, THEREFORE, BE IT RESOLVED. BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE 'filler uouse 4i~hi ~ ~ ~» ~; ~n SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE OR ON ATTACHED STAFF COMMENT SHEET. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CfTY OF KENAI, ALASKA, J one ~ 4 , 1995. CHAIRPERSON ATTEST: Planning Secretary PLAT COMMENT SHEET RESOLUTION PZ 95- 3~ SUBDIVISION CITY ENGINEEi~: ~ ~ ~ ~ ~~, ~~ ~ ~.~ c~ ~• BUILDING OFFICIAL: ~JG ~~~ s~yd~v~s,~~ ,~, , ~~ ~ b~ ~ Ubd ~'~, ~~~~~v ~~ , ~S Lod" ip ~ B/oc.~ /9 O'~ ~ 'r'l-'~ ~ O '~ cc~ ~ ~.o ~- r D 8 ~ ~ ~~ ~ ri,~ ~~ct i r'~ PLANNING COMMISSION: ~- -- ~ - -- _ _ - :RSHIP AND CEDICATION = _' J T5N THIS SUBD. .,r_ ~. - owner ~ 'ne yea: property snown ~ _ -~ ;. it i ne~ec. ccoct -'s picn ::' ~ KEN~~ ~",S >nsen- _~c.ccte ..,, -:ahts-c=-NCV ~. _~~-- e cr,c - _^t _., easements .., the iL-- RIVER = - - <- _ -- - --- ---- -- [~ -VICINITY `,AAP =- END CRY'S ACKKNO'~"1LEDGEMENT ~ _ _~i5! M mon~~re~t tc.:nc -his sur~ev. =, ~o.:nd brass ccc r^cn. .r. mcn. ,.ox ;c c ~NCrn .. ;tee me ~~ O --_.,,. :. _.,,. ~_.. _ _ ~ ..nd '~~~ -e^~• _, prcoerty comer rmis<_~ . =xcires -~`= -- ~'~m. ....,.. ~ 3!R" x ~^• "ianaee ..ium. _ ce. • _. ~" < ~4" ~ecar ~.~-n ~,ac~cne a ~ssca- _ce ....__nea - _.,. _ --~ - _ ..9 ~~cs ... ~e._Cr~ _...,. NOTES ^~~ -- ~-y.- ~ - PRELIMINARY :: j : ~.~.~ ... ~4f- _---= Po BOX~g MILLER HOUSE SLYDp1NA. AA: 9.9669 I ~ ~ ~ D ' ~ ' ~ ~ O A RESUBDIVISION OF LOT 10, BLOCK 19 TOWNSITE OF KENAI, ALASKA (uss 2s2o Ade9) PLAT ~PPRO`/:.L ~ Inc _ct"stect. ;;caner ~ 1'. Sox 1042 -ENINS_--.csOR^:,,.-.pP_P.NNItiG~..C'AtMISSiO\ Kenai, .-.K. .:511 a the =tine ., 1.~ ACR S i~t;'_ . ~uATED ,~- -":. t'.".`'. 5..:!. ~K.. 'ter v~-v <<~J4i. N~ T-_ ~CcNAI :ate ~. _.r~e~ °.~K wc. Pro~ec*.. ~NC ti;. Jrcwn c ~ Scaie K.P.B. File No. ._ - . MJB 1" = a0' 00-000 - v, _ _ mil= -~=` ~`- a - - -- - - = ~IVL.1.VI~,~YY/ JIVE ~~' r-~ ~ Ar _- - - - rt '-•c- - __ i I _ _;: T :~, ~_OCK I ~I r\' lL + I r.., - - - -- W /WN zi Q ~ ~ _- ,- I =-~~~ ~. ` SOT ~ ~ a Q ~_oc~ _ ~ -~.. .._ _ __ ti "~ --- --- /_~~ V / r ' - O -~- _ _ _ ~~ ~0 T ~ :~ ai C~ .r; rZ- - -~L~ _ J' .~. __~.v~ i ~ C _ ~_,~ .. _ .7 _ -' . ..c ~V __ WASTEWATER. DISP~ r ~~5 ,,:icw9~7 ~ ~R° CITY OF KENAI yid 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ ~rr~oon IIIIfI ,~: US ARMY CORPS OF ENGINEERS PERMIT APPLICATION REVIEW APPLICANT: Jack Foster, 265 Wilson Ave. LOCATION: Mile 8 Kenai spur Highway, north side, bordering tot 2 of Karen S/D, N.W. 1/4, section 35, T6N, R11W, Seward Meridian, Kenai, Alaska WORK: To discharge approximately 20,000 cubic yards of clean fill material onto approximately 4.5 acres of wetlands. The lot would be filled in its entirety. The estimated depth of the fill would be 4 feet. The fill would have a 1-foot gravel cap placed over it. The toe of the fill would have a 3-foot setback from the property lines and the fill banks would have a 2:1 slope. PURPOSE: To develop a site for a construction company and topsoil business. PLANNING AND ZONING COMMENTS: ;...: Public Notices Q ~Sa~~ of A 1 ication of Engit~eera p p Alaska 0(sttiCt ~ Regulatory Branch (...Sb) ~ ~ ~~~~ '~ Post Office Box 898 Anchorage, Alaska 99506-0898 ~ENAI PUBLIC WORKS DEPT; ~ ~~~ P/W Dtr. ~_Q. Anta.` ---Q CttY Engr. -_...Q:rVtr ~ ~~ (~ P/W Sec, "~ -"--'~ Streets "~_! %~ s,d~~-p ~~ Shop JUN 1995 ~<,ta,,. . Cfij u, ?'af.ai PUBLIC NOTICE DATE: 30 MAY x.995 EXPIRATION DATE: 30 JUNE 1995 REFERENCE NUMBER: =-950146 WATERWAY NUMBER: Seaver Creek 14 Interesteii3?arties are hereby notified that an application has beer_ received far_a~epart-:ent of the Army permit for certain work in waters of the United Sates, as described below and shown on the attached plan. APPLICANT: Mr. Jack Foster, 265 Wilson Avenue, Soldotna, Alaska 99669 LOCATION: Mile 8 Kenai Spur Highway, north side, bordering lot 2 of Karen Subdivision, N.'A. 1/4, section 35, T. 6 N., R. 11 W., Seward Meridian, in Kenai, Alaska. WORK: To discharge approximately 20,000 cubic yards of clean fill material onto approximately 4.5 acres of wetlands. The lot would be filled in its entirety. The estimated depth of the fill would be 4 feet over the propert.: which measures approximately 302 feet by 548 feet. The fill would have a 1-foot gravel cap placed over it. The toe of the fill would have a 3-foot setback from the property lines and the fill banks would have a 2:1 slope. PURPOSE: To develop a site for a construction company and topsoil business. AT~DTTTONAT• INFORM_ATIO`:: A 7, 200 square foot shop building with offices would be located on the property. Several pieces cf large equipment would be stored, maintained, and operated from this shop. In addition, approximately 35,000 cubic yards of topsoil would be mixed and stored on to site. The proposed fill taterial would be type `C' soil obtained from the Kenai Spur Highway expansion project. A silt fence would be erected around the perimeter of the property during the p:acement of the fill. ~ T.TT~TAA OUALTTY CER':'IrICATIQN: A permit fcr the described work will not be issued until a certification or waiver of certification as required unnder Section 401 of the Clean Water Ac= (Public Law 95-217), has beer. received from the Alaska Department of Environmental Conservation. COAS'T'A11 ZONE r4ANAGEME?;"' AC''_' C'FRTT^TCpTTON: Section 307 (c) (3) of the Coastal Zone Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3) requires the applicant to certify that the described activity affecting land or water uses in the coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budge:., Division of Governmental Coordination has concurred with the applicant's certification. prrAT,T~ HEARING: Any person may request, in writing, within the comment period specified ir_ this notice, that a public-hearing be held to consider this applicatior_. Requests fcr public hearings shall state, wit: particularity the reasons fcr holding a public hearing. CLrr,TTTRr,~, RESOURCES: The latest published version of the Alaska Heritage Resources Survey has been consulted for the presence or absence cf historic properties, including those listed in or eligible for inclusion ir, tize National Register of Historic Places. This worksite is not a registered or eligible property. Consultation of the Alaska Heritage Resources Survey constitutes the extent of cultural resource investigations by the District Engineer at the time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation, Office. Any comments State Historic Preservation Office may have concerning present~_y unknown archeological or historic date that may be lost cr destroyed by work under the requested permit will be considered in. our final assessment of the described work. FI~TDANG~'R~'D SPECTEc : Preliminarily, the described activity will not affect threatened or endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act or 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish anal Wildlife Service and the National Marine Fisheries Service. ~=.ny comments they may have concerning endangered or threatened wi-~dlife er plants or .their critical habitat will be considered in o~= final assessment of the described work. -2- FFDE?AT SPECIES OF CONCERN: The followinc Federal species cf concern may use the project area, Canada Goose, ?~hite-fronted Goose, Balc Eagle, Emperor Goose, Trumpeter Swan, Tundra Swan, :~:allard, Car_vasback Duck, Lesser Sandhill Crane, ?eregrine Falcon, and Peale's Peregrine Falcon. FLO^E PLAIN MANP_GEMEN'=': Evaluation of the described activity will include conformance with appropriate State or local flood plain sta;.dards; consideration of alternative sites and methods o accc:~plishment; and weighing of the positiz-e, concentrated and dispersed, and short and long-term impacts cn the flood plain. SPFC'I~T, AREA DESIGNATION: The site is within the Kenai River Comprehensive Management Boundary. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its ir_tended use on tre public interest. Evaluatior_ of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so, the conditions under which i~ will be allowed to occur, are therefore determined by the outcome of the general balancing process. .That decision should reflect the national concern. for both protection and utilization of important resources. All factors which may be relevant to the proposal must ~e considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, =food hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water duality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in ceneral, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by suc:7 permit would not comply with the Environmental Protection Agency's 404 (b) (1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. -3- The Corps of Engineers is solici~ing comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider a:_d evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify,. condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts or. endangered species, historic properties, water quality, general env=ronmental effects, and the other public interest factors listed above. Comments are used in the Preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Mr. Jack Hewitt at 1-907-753-2712, or toll free in Alaska at 1-800-478-2712, if further information is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following ~ authority: (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404 (b) of the Clean Water Ac= (40 CFR 230). A plan, Notice cf Application fcr Certification of Consistency with the Alaska Coastal Managemer._ Program, and Notice of Applicatior. for State Water Quality Certification are attached ~o this Public Notice. 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Y 2 ' - ~ C= O NN ~ .y ~ ~ ~ * ~ V M T tr V ~ ~ % ~ ~ ~1 1 ~ ~l~ r ~ 1 ~ A~ ~~ ~ ~ ` J ` . Z0 ' d 1ti101 ~o.o' ueiir Easement Karen Subd. Lot 3 NW 1118 comer N R N ~W 28Q' x 280' = 35,000 cu. yrds i 12' deep stockpile ~ Peat Moss I I Jack Foster Prop®rty ' 4.54 acres uplands ~' r-c ~, Shop 1~ ,.- 0 Uplands i s ~ ~ a7 • . ~ ~.. .. C~-- 2~ 5 ~"' ~1'Iig LFd • 1 ~~, . ~ its Kona' S'Q : to so~ao~a `- Purpose: PLAN VIEW Deveiope commercial property. Sca{e: 1" =104 ft. Adjacent property owners: JACK FASTER 1) Monti Miifer 265 i1VfLSON AYE. 2) t-E&'G Enterprises SQLDQTNA, AK 99668 3) State of Alaska ~ a wnra VICINITY MAP 1" = 4.8 miles Uplands N Proposed fill in portion of SW 114 N1~It 114 Sec 35 Borough: Kenai Peninsula State: AK Application by Jack Foster SHEET 1 of Z GATE 3-14-95 C-~ 1" =4feet Silt Fence Where needed 2:~ s~oPE 4' a- 3' 1' g' Property Line C-2 $ 2% Slope N Horiz. Scale: 1" = 100 feet Vert. Scate: 1" = 4 feet KENAI RIVER 313 4-950146 P~~°~' Proposed fill in portion Develops commercial SECTION VIEW of SW 1/4 NV1f 1l4 Sec 33 properly. Adjacent property owners: JACK FOSTER Borough: Kenai Peninsula 1) Monti Mtlter " 2651MLSON AVE. State: AK 2) H8~G Enterprises SOLDOTNA, AK 99669 Application by Jack Foster 3) State of Alaska SHEET 2 OF 2 DATE 3-1495 !! ~~a~C~ Oo C~ adQ~aa OFFICE OF TSE GOVERNOR OFFICE OF MANAGEMFJVT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION E~soun~cENTtzai. rt>:cwNAt. oFFlCe 3601'C' STREET. SURE 370 _ ANCFIORAGE, ALASKA 89503~6A30 PM: (90~ 561-b131/FAX: (90~ 5616131 ^ cF7rrl:lu. o~1cE P.O. BOX 110030 JUNEAU. ALASKA 49811-0,'100 PH: (907)165.3562IFAX: f~~ 165.3075 STATE OF ALASKA Tony Knowles, Governor ^ PtPau~rE cooRaNaroas o~1cE 111 VYEST 1TH AVENUE, SURE 2C AhICfiORA~'E.AlJ1SKA 49x.+01-2313 PH: (907) 278~SSS1IFAx (907) 272.0690 DIVISION OF GOVERNMENTAL COORDINATION Notice of Application for Certification of Consistency with the Alaska Coastal Management Program Notice is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as provided in Section 307 (c)(3) of the Coastal Zone Management Act of 1972, as amended [P.L. 94-370; 90 Stat. 1013; 16 U.S.C. 1456 tc)(3)~, that the project described in the Corps of Engineers Public~Notice Number 4-950146 will comply with the Alaska Coastal Management Program an na a project will be conducted in a manner consistent with that program. _ The Division of Governmental Coordination requests your comments on the proposed project`s consistency with the Alaska Coastal Management Program. For more information on the consistency review process and the comment deadline, or to submit written comments, please contact the Division of Governmental Coordination, 3601 C Street, Suite 370, Anchorage, Alaska 99503-5930. Attachment 2 O a a a Tony Knowles, Governor DEPT. AF ENyIRONMENTAL CON5ERVATION rk: «» 465-2600 Add~est: P.O. Box 0 Juneau, AK 99811-1800 NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION Any apps leant for a Federal 7 i cense or permit to conduct any activity which may result in any discharge into the navigable waters must first apply for and obtain certification from the Alaska Department of Environmental Conservation that any such discharge will comply with the Clean Water Act of 1977 (PL 95-217) , the Alaska Water Quality Standards and other apps i cabl e State laws. By agreement between the U.S. And Corps of Engineers and the Alaska Department of Environmental Conservation application for a Department of the Arnty permit may also serve as application for State Water Quality Certification when such certification is necessary. Notice is hereby given that the application fora Department of the Army Permit described i n the Corps of Engineers Public Notice No. also serves as application for State Water Quality Certification nom e Alaska Department of Environmental Conservation, as provided in Sect:er. 401 of the Clean Water Act of 1977 (PL 95-217) . The Department wil 1 review the proposed activity to i nsure that any discharge to waters of the United States resulting from the referenced project wi 11 comply with the C1 can Water Act of 7 977 (PL 95-217) the Alaska Water quality Standards and other applicable State laws. Arty person desiring to comment on the water quality impacts of the proposed project may do so by writing to: Alaska Department of Environmental Conservation 3601 C Street, Suite 1350 Anchorage, Alaska 99503 Telephone: 563-6529 within 30 days of ~publ i cati on of this notice. Attachment 3 -- ... . CITY OF KENAI ~ PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-34 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SUPPORTING THE COUNCIL OF THE CITY OF KENAI'S ORDINANCE PROHIBITING THE KEEPING OF CERTAIN KINDS OF LIVESTOCK WITHIN THE CITY OF KENAI EXCEPT WITHIN RURAL RESIDENTIAL ZONES. WHEREAS, the keeping of goats, horses, swine, sheep and cattle within non-rural residential zones within the City of Kenai creates sanitary and odor problems for such zones; and WHEREAS, the restriction of the keeping of such animals to rural residential zones within the city will reduce such problems; and WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of such animals to rural residential zones; NOW THEREFORE BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 3.10.070 be enacted as follows: j 3.10.070 Livestock within the city limits: (a) Except as otherwise provided in this chapter, no person shall keep or maintain within the city any cattle, horses, sheep, swine or goats, ~~ o~w ~^'~G ~' ~`°;s-~~s ~~ ? (b) This ordinance shall not apply in areas of the city zoned rural residential. ~°"~``~ The keeping of livestock otherwise prohibited by this ordinance may be permitted by special permit from the Chief Animal Control Officer. Such perm its may be issued to permit circus performances or other public exhibitions or entertainment events. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 14th day of June, 1995. I~o~ ao v~( e.~ ~~ we -~~ `g~~ " 3;+H..vf,~~~ ? CHAIRMAN ATTEST: Loretta Harvey, Planning Secretary (lam ``- CITY OF KENAI .~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ wF~ar 'II~II 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of June 14, 1995: Conditional a Permit for. Extraction of Natural Resources (gravel): The applica t i Oster Construction and the permit is for property described as Tract 6, ne, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to June 14th. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY :CITY OF>~KENAI PhANNING'AND ZONING COMMISSION. RESOLUTION NO. PE95- CONDITIONAL USE PERMIT EXTRACTION OF NATL'ftAL RESOURCES A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR EXTRACTION OF NATURAL RESOURCES Foster C'onstri~r-t;nn LOCATED Tract 6 of Ho GPSho Fnd a R;7Pr R nd SID WHEREAS the Commission finds: 1) That an application meeting the requirements of Section 14.20.154 has been submitted and received on: Mav 0. 1 9 2) This request is on land zoned _Rt~ra7 ReG;dent;al (RR) 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: .Time 14, 1995 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (HAS NOT) DEMONSTRATED THAT THE PROPOSED EXTRACTION OF NATIIRAL RESOIIRCES MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION (DOES) (DOES NOT) AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA ,7t~nF? 14, 199, CHAIRPERSON ATTEST: Planning Secretary May 30, 1995 Citv of Kenai 210 Fidalgo Kenai, Alaska 99661 Subject: Request for a conditional use permit Planning and Zoning Department: Foster Construction is in the process of purchasing Tract 6, Horseshoe End at River Bend Subdivision from Mr. Chester Cone. The property transaction is almost finalized. We intend to develop the property for future residential use. The developed property will consist of three lake front lots with each lot approximately one acre in size. Please call if you have any questions or require additional information. I can be reached at 262-9139. Sincerely/~'`~" J ~~ Jack Foster, Partner .` ~~ Sl STAFF REPORT To: Planning & Zoning Commission Date: June 1, 1995 Prepared by: JURS/LH Resolution PZ: PZ 94-42 Applicant: Foster Construction P.O. Box 303 Soldotna, AK 99669 Requested Action: Conditional Use Permit for Extraction of Natural Resources (Gravel) Legal Description: Tract 6 of Horseshoe End at Riverbend Existing Zoning: Rural Residential (RR) Current Land Use: Low Density Residential Staff Action: Sent 8 Notices ANALYSIS: An existing permit is in effect for this property to extract gravel. This application is to change the reclamation plan, screening, and ownership of the property. The applicants are in the process of purchasing the property from Chester Cone, who holds the existing permit. A 200' natural buffer would remain along Beaver Loop, 150' on the west, none on the north, and none on the east (existing pit to the east). A lake would be created as excavation progresses, eventually reaching the entire size of the pit, surrounded by berms and natural vegetation, and residential lots to the south. The old permit called for a subdivision on the entire site. RECOMMENDATIONS: 1. If approved, new permit becomes valid upon change of ownership. 2. All state regulations will be conformed to concerning excavation, drainage, etc. DuS~ ~ ~kro ~ rc N ~ ~~ ~ - w a y C {-~~ UJ i~h -fit ~~q~~ r ATTACHIWIENTS: 1. Resolution PZ95-30 2. Application 3. Site Plan 4. Existing permit APPLICATION FOR NATURAL RESOURCES PERMIT Name of Applicant: Jack Foster Address: P O. Box 303 Soldotna, AK 99669 Phone: 907-262-9139 1. Legal description of the proposed area: Tract 6 of Horseshoe end at River Bend Subdivision 2. Dimensions in square feet or acres: 38.140 acres 3. Highest and lowest topical contour of area before extraction: Highest: 50' Lowest: 50' 4. Highest and lowest topical contour of area after extraction:: Highest: 50' Lowest: 35' 5. Describe existing buildings (if any) on the property; i. e. placement, type, etc. None 6. Describe proposed buildings (if any) on ttte property; i.e. placetent, type etc. None 7. Describe any access or haul roads onto or from the property, i.e. width, length, surfacing, etc. No change. Existing haul road shall remain. 8. Describe location and nature of operations proposed to take place on site: Finish extracting the 10 acres in southeast corner then move back into N.E. 10 acres. Complete this 20 acres before continuing into neat 18 acre section. 9. Has a soil survey been done on the property? ~_Yes No 10. If a soil survey has been done, give locations: Each corner of Tract 6. 11. Describe water table depths on the property: Water table depth is 6 feet deep consistent over entire 38 acres. 12. Estimate the amount of material to be removed from the site: 250,000 cu. yds in cite 20 acres. 250,000 cu yds in the neat 18 acres 13. Estimate the length of time required to complete the operation. Lf continuing indefinitely, so state. Continuing indefinitely. i4. Proposed hours of operation: For the duration of Spur Highway project 24 hours. Other projects, and after completion of Spur Highway~30 a.m. to 7:00 p.m. y' 00 15. Method of fencing or barricading to prevent access. (This should be indicated on site plan) Existing iron gate across access road. 16. Amount and location of natural screening (trees, vegetation) between property lines and excavation site: ~~' q ~ 200' along Beaver Loop Road none on north, none on S9ath, 150' West. 1,. Plans, if any, to construct artificial screening: On the north, east and west side artificial screening of 12' high berm by 100' wide planted with trees and seeded with Kentucky blue grass and red fesque. 18. Describe operations to take place on-site during and after extraction: During extraction we will use a backhoe to load trucks. After extraction all slopes on 2:1 leveled and planted with 3 to 4 building sites only. 19. Describe plans for grading and shaping land after operations are complete: North, east and west will be landscaped and planted with trees and grass. South side along Beaver Loop Road will remainT" butter, natural trees. ZAO A g- 20. Describe method of backfilling or replacing topsoil: All stockpiles of stripping will be placed around the edges of lake. 21. Describe proposed future use of land after extraction (i.e., houses. parks, etc.) Include proposed development plan. Future use will be 3 or 41ots along the highway. Looking out back at a lake. 22. State and Federal license numbers for extraction: State: None Federal: None 23. Detail proof of property ownership of the site: Property presently owned by Chester (;one, upon approval of this transfer of permit Foster Construction will purchase. 24. Attach the following to this application. Adequate map (s) which clearly illustrate the following: a. Present state of entire parcel, including buildings and landscape features. h. Proposed future development plan. c. 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N n m S vJ Y 'T Y h io _ ^ '" I ~ ~ n n p :/} T. ~ z~ _ I ~: z . `<I < i - ~ i c - a ~I _ ~. ~_~~~` COP1llITI0NAL USE PERMIT - ~ FOR SURFACE EXTRACTION OF NATURAL P.ESOURCES Pursuant to a decision in favor of Applicant by `_ the Kenai City Council sitting as a Board of Adjustment on March 17, 1976, Applicant, Chester H. Cone, is ;-~ereby ._ granted a permit to operate a gravel pit on his property . known as Tract 6 of Horseshoe End at River Bend Subdivi- sion, Kenai Peninsula Borough Parcel No. 049-120-0300, lccated on Beaver Looa Road wit:iin the corporate limits of .. - - - rr$s-; _?~~ ash - - - --- Such nerrmit is expressly conditioned upon the provisions of KPC 21.76.145 through 21.76.148, a cony of which is attached hereto and incorporated herein by reference. Applicant's operation pursuant to this Hermit shall be substantially in accordance with applicant's letter dated r~~arch 26, 1975, Applicant's "Points of Substantial Compliance" dated March 26, 1976, and Applicant's "Proposed Plan for Gravel Excavation and Future Development, .Tract 6 of Horseshoe End at River Bend S/D, City of Kenai, Alaska", the originals of which are on file at the Administrative Offices, City_ of Kenai, Kenai Municipal Airport Terminal. Any ;; deviations from those documents must be preceded by ':' amendments, approved in accordance with KPC 21.76.148. S• ,E } `~ This permit is not transferable except in '~ accordance with KPC 21.76.148 attached hereto. It is issued for an indefinite period, but is subject to revocation in accordance with KPC 21.•76.147. Yearly reports required by KPC 21.76.145 shall be due on or ' before April 17th of each year in which this permit is in effect. " This r~ermit shall be deemed issued as of March 18, 1976 and operations under it are valid from said including that date . :, ~- Dated this ~ L' TH day of ~ ~';~ <<=; r,~ ~ ~ 1976 . KENAI PENINSULA BOROUGH .~ !/.1.3`, JOHDI E. 6•;ISE Administrative Official ~~:ithin the City of Kenai WITNESS: ~ ~ ~ Ehena Horton Planning Secretary the operation is not in compliance with the provisions of 21.7G.145, he ma revolve the permit. Ile shall not revolve the perrlit, 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 years, the Administrative official may revolve the Conditional Use Permit. B. Appeals from decisions of the Administrative Official hereunder shall be made in accordance ~vith the provisions of Sections 21.76.230 -240 of This Crapter. Section 21.76.148 Amendment or Transfer of Surface Extraction v Permit A. No conditional use permit issued hereunder shall be transferred until the proposed transferree has made application for transfer in writir_ filed with the Administrative Official, which application shall state that i1e intends to be bound by the plan and statements contained in the application of the permit 'r~older or shall contain the amend^ents to the plan his Droposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan nnci statements if such amendments as are contair_edL*2 the »nDlication for tra??Sfer ~+fQ+~i!i r."vt' hoer. aDD*O~so~ had they been c::.ntaineci in vhe original al;piicaLion . B. A permit holder may runcild his site plan and statements by filing an application for amendment in ti: riting tivith the Administrative Official. The Commission shall aD~rove tre aDDiication for amendment if the original application ~vou'_d have been approved hr,d it contained the provisions of the application for amendment. Kenai Peninsula 1?orou~h ordinance 76-4 Page 8 of 9 Pages ti Section 21.76. 145 C)ner^+ion by ;surface Rxtra.ction Permit Nolders ~~ Du~i~~g the period of the condition^i use permit the permit holder shall comply with the follo;:ing provisions: • 1. The pit shall Ue operated substantially in accordance with the site plan and statements that ~ ccompanied the application for conditional use permit, as such Tray be amended from time.to time 1.*I accordance t~.~ith Section 21.76148 of this ChaF~ter . 2. The permit holder s hall submit a yearly report to the _ Administrative Official within thirty days follcr:ing 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 cur'cnt t,*orkin~ area and - • any crea which has been reclair.Ied or partially reclaimed, • " and shall state the quantity of r,.aterial which n*as actually removed during the pr;;ceding work year. The report • shall also contain projections of the same information for the ne:;t work year. 3. No psrt of t'r_e extraction operation is ~risihle from puhlic~ ~ ro~~i:ays or innaoited area. Section 21.76.116 Yearly Review of Operation of Surface E:;traction The Administrative Official shall revie;v the operations of the permit holder each year ~:ithin si:;tV days following the anniversary of the issuance of t're conditional use iJermit to determine whether such permit holder is in co:n~.~liance t•:ith the provisions of Section 21.76.145. He shall compile a report based on l.is review and shall submit his rep_ ort -;-.•~• - along with the report of tL~ permit holder unde^ Sec*_ion 21.7G .145 to the I~cnai PIa.^.i:inb Co:n:nission. Section 21.76.147 Termil:ation of Surface E:;tr~c*_ion Permit by Administrative Official • A. If the Administrative Official determines, based on his yearly • ~ - • review or any other investigation undertaken by him,.that the conduct of ~~ I~enai Peninsula Eorough Ordinance`7G-4 Page 7 of 9 Pages 4 e T• 1G .larch 1976 Points of subsea :tial co: ;piia :ce --- Jpdate of Chester i.. gone Gravel Pit A~plicaticn - '^11e_4p_o~catior._c:r~o--,Marc:. 1,7S-o=-Chest-er-i~-Cone-ss-^ere.L-v--~ dat~tT-----~ as follows: 1. Tire site play. is sub:itted herewit -- as revised for incremental deveiop:aent (;:ot conte.:,plfatcc: by oric-i nal a_aplicaticn) J 2. Topographical contour -- mot required by t::is tract :,y visual Inspection. it is possible tc verify t:.is by view from Seaver Looo °oad. - 3. Proposed finished topogra~iiicai contours will ~e to existing contours to water table at t::e time of to conclusion of extractioi:. 4. Existing buildings on the site are none. Proposed structures mould only be te.:.porary for cravel pit extraction. ?ermanent s~ructures would be indicated by diagrar:. submitted for eventual 'rousing on adjacent areas after extraction of gravel. 5. Principal access points are indicated on the plat submittedr.ere- with. 6. Indication of existing landscape =atures -- all wooded ~•~itr. large birch anti spruce trees at thin time. Scme of the trees will be removed in the course of development cf gravel pit. 7. Location and ..^.ature of of er operations: :vone intended at tY.iE', ti.•ne or for the f;:ture as presently foreseeai~le. SUFPL:/~:`iT TO I`?1Ri ~TIV STAT.°.:~.:~T: A. SOli iS dr~~~ _:dtlreS ~_e ~lat~ eStla;~dt'ed Une t0 O..^.e anCi '.ne~half feet O toi~$oll COVered :~V large spruce anG DirC trees. :'rater table nOt pOSS1Jle U~ ascertain.•nent at th1S ti.:~e because Of cielaV _,, initial application. Exaerience of applicant ~ndicates approximatelyMlO feet from surface on an average. B. Estimated count o~ material apt presently forseeable. C. Esti.•:iated lengt:. of time to complete oneraticn -- see origi:.al application 26 ,.arci: 1975 ~4. D. Proposed operation: Custcmary dayti::e, and seasonal consicerations. E. renting or barricading - :rot ::equirec because ~eveiopment to be down to water level rat:zer than below water level r^. :datural screening -- see ..ub.::itted revised pl:a G. Arti~icial construction - :rut re<;ui~ed cr con te-:~lated. :. Operations or processing on ti:e sine wiL' ~e earaction of Gravel 'only. 11iL•er ::aterial is extrac~ed, is co :templates reclai:aing inci converting ~o possible resiseatial use. I . Regradincr and s .apia, o~ la: d will i;e accompiisiZed :or proposed resisencial use o: completion o~ re-oval. v . Vieti:cs of bac;c pilling or replacing top soi' cu~toraary °.et ods utilized _„ order tc best :._t ~-e-,ises for ~asise.;~i~;l dwelopment. K. Proposed Future use o~ land aster resources extractes: Resisential use. 'L. Ot::er _..~or.:ation w :icy ^a~.~ .er uin to ~ :e pay-~c~..~~r site: Operations nor extractio^, o~ gravel~cn t:e _roposed area cculs very -rom completion of extraction wit..ia 10 years to as niucn as an estimated 30 years. Applicant is eligible to obtain ..^.ecessary license: On basis o~ past operation and experience in t:~e area. 1. Proor of ownersip: Availa:.le and recorded at I.enai District Recor.uing Office. Kenai °lannirg Com..,ission unaniously approved proaoses updated plan presented by C:.ester Ii. Ccne o: 1G Marc 1976. ~i j / j. CIiES~DZ ::. CC~E Box 263 Kenai, ~.lasra ,/ ~`~~~+'~ COl~~ OUTREACH PROGRAM of ~~ CENTI~L PENINSULA COUNSELING SERVICES 362 N. TYEE STREET •~~`~~ SOLDOTNA, ALASgA 99669 • Phone: 907-260-3691 Fay 807-260-3687 June 1, 1995 ~~~~~"-- ~ ~, Loretta Harvey Planning Department City of Kenai 210 Fidalgo Kenai, Alaska 99611 ~i~~~1,~ Dear Loretta: In response to your request concerning the resident question at 211 Sterling Court, this is to provide additional clarification to the City of Kenai. The Central Peninsula Counseling Services. leases this property from the U.S. Department of Housing and Urban Development. It is not a group home, but a transitional unit rented to participants in the Agency's Community Outreach Program. Rental is by three month contracts and residents, during this time, pursue a more permanent housing situation. The .residents are provided with additional supports including delivery of medications and assistance with housekeeping skills when needed. This Agency takes care of property maintenance, landscaping, and minor housekeeping needs. There have been no complaints to this office in the past three years we have leased and rented the property. Should you require further information, please give me a call at '260-3691. Sincerely, h -~ ~ Wena ightl. Housing Coordinator ~~v~~ J ~~ ins ~~, CC: Jim Clark Bob Watts Donna LeGerda 5. Mettille-Crabtree Replat; Island Lake; Preliminary; Integrity Surveys KPB File 95-076 6. Stanley's Meadow No. 12 (N/C); Falls Creek; Preliminary; Integrity Surveys KPB File 95-077 7. Chevron Tracts S/D; North Kenai; Preliminary; Lounsbury & Associates KPB File 95-078 8. Ar-ness S/D Luy Addition; Arness Lake; Preliminary; Whitford Surveying KPB File 95-079 J. COAS TAL MANAGEMENT PROGRAM CONSIDERATIONS - None K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. DIRECTOR'S COMMENTS N. COMMISSIONER COMMENTS O. ADJOURNMENT The next regularly scheduled Planning Commission meeting is June 26, 1995 at 7:30 p.m. in Conference Room B at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. AML Legislative Bulletin #19-8 2. Homer Advisory Planning Commission May 17, 1995 Minutes 3. Seldovia Advisory Planning Commission May 17, 1995 Minutes s 4. Seldovia Advisory Planning Commission May 4, 1995 Minutes 5. Seldovia Advisory Planning Commission Mazch 16, 1995 6. Seldovia Advisory Planning Commission Mazch 2, 1995 F. PUBLIC HEARINGS 1. Petition to vacate portion of Lou Morgan Road within Lot 5, Mountain View Subdivision, Oleson 1982 Subdivision of Tract D (Plat 82-94 KRD) within Section 21, Township ~ North, Range 9 West, Seward Meridian, Alaska. KPB File 95-068 2. Petition to vacate portion of Section Line Easement common to Sections 33 and 34, Township 5 North, Range 10 West, Sewazd Meridian, Alaska associated with Soldotna Airport Property Plat (87-74 KRD); Soldotna Airport Lease Lots Subdivision (87-88 KRD); and, Soldotna Airport Lease Lots Subdivision No. 2 (Plat 92-11 KRD); KPB File 95-069 3. Rename existing streets to help implement the Enhanced 9-1-1 Street Naming and Addressing project within the Kenai Peninsula Borough. a. AURORA AVENUE within Leann Subdivision, Plat 75-13 KRD, Section 31, TSN, R8W, Brown's Lake area, proposed to be renamed to MOOSE RIDGE AVENUE. b. CABIN ROAD within Cohoe Corners, Plat 85-118 KRD; Rhodes Estates, Plat 86-57 KRD; Rhodes Estates Amended, Plat 86-205 KRD; Secora Subdivision, Plat 83-175 KRD; Section 1, T2N, R12W; Section 36, T3N, R12W, Cohoe area, proposed to be renamed SECORA AVENUE. c. CHINOOK STREET within Salmon Slough Subdivision Part One, Plat 75-38 KRD and Dow Island Subdivision, Plat 72-76 KRD, Section 27, TSN, R8W, Dow Island area, proposed to be renamed to DOW STREET. d. MARTEN STREET within Beaver Brook Estates Subdivision, Plat 78-29 KRD, Section 18, T3N, R11 W, Kasilof azea, proposed to be renamed to LENIl~~IING STREET. e. MOOSE STREET within Big T Homestead Subdivision, Plat 76-100 KRD, Section 6, T2N, Rl l W, Tustumena Lake Road area, to be renamed to BULL MOOSE STREET. f. MIRANDA AVENUE within Rainbow Heights Subdivision, Plat 87-20 KRD, Section 26, TSN, R9W, Funny River Road area, proposed to be renamed to JAY AVENUE. g. RIVER COURT within River Road Tracts, Plat 74-109 KRD; Dettinger Tract, Plat 76-90 KRD; Dettinger Subdivision Plat 85-78 KRD, Section 32, T3N, R11 W, Kasilof area, proposed to be renamed to MOOSEHEAD LANE. h. ROBERTS AVENUE within Roberts Subdivision, Plat 75-134 KRD, Section 18, TSN, R8W, Funny River Road area, proposed to be renamed to PENINSULA AVENUE. G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Ordinance 95-19 (Amended): An Ordinance Authorizing a Lease with an Option to Purchase to Mr. Dennis J. Sammut for Approximately 1,400 Acres of Borough Land Located on the East Side of Sixmile Creek at Sunrise I. CONSIDERATION OF PLATS 1. Nikiski Subdivision No. 4 (N/C); North Kenai Road, Nikishka; Preliminary; McLane Consulting Group KPB File 95-072 2. Kenai Mountains View; Soldotna City; Preliminary; Integrity Surveys KPB File 95-073 3. Birch Hollow S/D Hapco Addition; Forest Lane; Longmere Lake; Preliminary; Integrity Surveys KPB File 95-074 4. Marina Subdivision No. 3; Seward City; Preliminary; Integrity Surveys KPB File 95-075 ~i/o, KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING CONFERENCE ROOM B SOLDOTNA, ALASKA June 12, 1995 7:30 P.M. Tentative Agenda John Hammelman chaimtart A. CALL TO ORDER Areawide Term Expires 1996 B. ROLL CALL Philip Bryson vice Chairman Kenai Citv C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF Term Expires 1995 CONSENT AGENDA Ann Whitmore-Painter Paruamentanan 1, Time Extension Requests -None Moose Pass Area Term Expires 1997 2• Plats Granted Administrative Approval Peggy G. Boscacci PC Member Seldovia City 3, Plats Granted Final Approval Under 20.04.070 Term Expires 1997 Wayne carpenter KPBPC Resolutions 4 PC Member . Seward City Term Expires 1996 ~ Brandywine Acres 1976 Resub Lots 1 & 2 -Lot 12 Robenclutts Bldg. Setback Exception; KPBPC Resolution 95-16: PC Member ~~ an Exce tion to the twen foot buildin g p ~' g Anchor Point Tenn Expires 1995 setback limit for a portion of Lot 12, Brandywine Acres 1976 Resubdivision of Lots 1 & 2 (Plat 76-114 HRD) Wes coieman PC Member Section 6, Township 2 South, Range 13 West, Sewazd SoldomaCiry Alaska; KPB File 95-080 Meridian Term Expires 1996 , Leroy Gannaway -Plat Waiver Sagerser Neil E b PC Member , . . Homer City KPBPC Resolution 95-17: Granting a platting waiver Tenn Expires 1995 for certain lands within Section 17, Township 5 North, Ellis Hensley, Jr. Range 10 West, Sewazd Meridian, Kenai Recording PC Member Nikiski District, Alaska. Term Expires 1996 KPB File 95-084 Debra Home PC Member 5. Coastal Management Program Kasilof Area Temt Expires 1997 a. Coastal Management Program Consistency Reviews Tom Knock PC Member 1 Cooper Landing / Term Expires 1995 Don Gilman, Maror 1) Ninilchik; Timber Harvest/Detailed Plan of Richard Troeger Operation; Tesch; KK 95-09 Plannin¢ Director Maria Sweppy 2) Ninilchik; Timber Harvest/Detailed Plan of Admin. Assistant Operation; Tesch; KK 95-10 3) KalifornskylKasilof; Oil and Gas; Well KBU- 31-7RD; Mazathon Oil Company; AK 9504-01 OG 4) Sewazd; Resurrection River 23; Seward Airport Erosion Control; ADOT/PUF; AK 9411-22AA b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations. Project summary and determination without staff report. d. Current Administrative Determinations 1) Seward; Resurrection Bay 99/1-940426; Floating Docks; City of Sewazd; AK 9505- 14AA 2) Kalifornsky/Kasilof; Oil and Gas; Air Quality Control Permit to Operate; Marathon Oil Company; 9523-AA003 6. Commissioner Excused Absences a. John Hammelman b. Debra Horne 7. Minutes a. May 22, 1995 D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearine on the agenda. Limited to 3 minutes per speaker unless previous atrangetnenu are made.) E. UNFINISHED BUSINESS -None z 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1652-95 - Amending Kenai Municipal Code, Title 6, Entitled "Elections." 4. Approval - Assignment of Lease and Security Assignment of Lease/Airport Terminal Bar - From Louies and Terries, Inc. to Corey, Inc. and Jody L. Donaghe, Individually. 5. Discussion - 1995 Kenai River Classic/Donation Request. 6. Discussion - Airport Towing 7. Discussion - Old Fire Training Grounds (Lawton & Spur Highway) 8. Discussion - Possible Bond Issues for October Election/ Animal Shelter; Ice Rink; Water Well. 9. Approval - Special Use Permit - Ship to Shore Tours EBECIITIVE SESSION (If time and scheduling allows, the yearly evaluation of the City Manager may be held.) I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DIBCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT G~~t . AGENDA RENAI CITY COIINCIL - REGIILAR MEETING JIINE 7, 1995 7500 P.M. RENAI CITY COIINCIL CHAMBERS A. CALL TO ORDER 1. Pledge of allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be rout.^.e and non-c ontroversial by the Council and will be approved by one motion. There will be no separate discussion of these items unl ess a Council Member so requests, in which case the item will be removed frcm the Consent Agenda and co nsidered in its normal sequence on the agenda as part of the General Orders. B. SCHEDIILED PIIBLIC COMMENT (10 Minutes) 1. Billie Huddleston - Kenai Senior Connection/Cost- Sharing Van Proposal. C. PIIBLIC HEARINGS 1. Ordinance Ho. 1650-95 - Amending the Method for Calculating the Time Period in Which to Schedule Board of Adjustment Hearings Under KMC 14.20.290. 2. Ordinance No. 1651-95 - Adopting the Annual Budget for the Fiscal dear Commencing July 1, 1995, and Ending June 30, 1996. Pending Items: a. Fire :ersonnel (NOT in the budget) b. Parks & Recreation Department/Personal Trainer (NOT .n the budget) c. Parks & Recreation/Equipment (NOT in the budget) d. Public Works Department/Forks (IN the budget) e. Beautification/Greenhouse (NOT in the budget) f. Buildings/Shelter f or Donkey Engine (NOT in the budget) g. Grader Purchase h. Handicap Access at Airport 3. Ordinance No. 1653-95 - Increasing Estimated Revenues and Appropriations by $299,900 in a New Capital Project ~ Fund Entitled "Airport Master Plan." a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote ) c. Motion for Adoption 4. Resolution No. 95-28 - Urging the United States Congress to Pass Legislation to Open the Coastal Plain of the Arctic National Wildlife Refuge, Alaska, to Oil and Gas Exploration, Development, and Production. 5. Resolution No. 95-29 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 1995 and Ending June 30, 1996. 6. Resolution No. 95-30 - Awarding a Contract for Aviation Planning Services - Kenai Municipal Airport Master Plan to Aries Consultants, Ltd. for the Total Amount of $296,900.00. 7. Resolution No. 95-31 - Transferring $17,126 in the General Fund for Repairs to a Motor Grader and for Disposal of Contaminants. 8. Resolution No. 95-32 - Transferring $3,072.43 in the General Fund for Additional Costs for a Survey of the Kenai Townsite Historic District. 9. Resolution No. 95-33 - Transferring $2,000 in the General Fund for purchase of culverts for VIP Subdivision. 10. *Liquor License Transfer Application - From ILJ, Inc. to Kmart Corporation/Package Store. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINIITES 1. *Regular Meeting of May 17, 1995. F. CORRESPONDENCE G. OLD HIISINE88 H. NEW HIISINE88 1. Bills to be Paid, Bills to be Ratified ME1~iORANDUbi DATE: June 12, 1995 TO: Chairman Walker Planning ~c Zoning Commission FIiOri: Loretta IIarv SUBJECT: Code Violation • 1503 Cottonwood Circle Robert Cutler, D.B.A. Alaska Gift & Gallery aaarraratar+araraaaaraaaraaaarraaaaaaaaaraaaaaratarraaararaaaaaaaaaaaaaaaaaaaa On the above referenced date, Mrs. Cutler came into City IIall and spoke wish me. Tier husband recently built a trailer, on their property. IIe worked long hours to finish the project in five days. There was welding and skill sawing involved. As for the commercial sawmill, Mr. Cutler was issued a permit for, it has been moved to Chester Cone's property off Beaver Loop Road. Therefore the code violation letter included in your packet should be disregarded. CITY OF KENA1 ;~, 4 -, Gil G~~~~~ ~ y41~~~ -- ;. ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALA$'CA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~,~,~~ - -~ an 1IIII~ 1992 June 7, 1995 Robert J. Cutler Alaska Gift & Gallery P.O. Box 356 Kenai, AK 99611 RE: Code Violation - 1503 Cottonwood Circle It has come to the City's attention you may be operating a business from the above referenced address. A complaint has been received concerning the noise from this business. Cottonwood circle is in a Suburban Residential (RS) zone. A Conditional Use Permit would be required for you to continue this activity at the above address. Please contact the Planning Department (283-7933) within 10 days of receipt of this letter to obtain the proper permits. Thank you for your cooperation in this matter. Sincerely, ~~, C/ ~~~, oretta Harvey Administrative Assistant Planning Department C V w C C ` C V ~ . ~ V ~ ~ ~ ~ ~ R V ~ C 3Y ~ ~ 3Y 3Y ~ .. a ea ~ ~ .. ~ ea .r rn o~ ~° ao '°° - C °° ao °° ao ~ o cc . ~o oc oc ~ ~ :o • Y c c~ ,: c ~ c ~ ~ ~, c •-' m ~ o _~ ~ '~ "' ~ ~ C V H~ C ~ ~~.. ~ N~ C Noif C O > ~ x e'o,e xY ~J ~ xY xY W LLw ~ ~ c c • c Q Z ~ c c ~ W W LU W ~ ^ • N • N Q O Z T ~ i i r Z c O ~ F' ~N ~N _ • O ` • U N U U N ~_ N N m m J L v~ ~ .N cv N J c ~ to m ~ ~ ~ > > V f-- w N E c o ~ ~ ~ aci ~ ~ ~ m c m Z p ~ ~ ~ c o ~ i ~ • m Y ~ c i W o ~ cv ~d rn cY . ti ~. ~ ~ ~~ ~ m~ . a~ UN ~n c oa ~ rn Q [[ ~ ~ ~ ~ ~ 3 N = m ~ m oiS oif CD oiS oi3 ~ Ct1 Q cn ,,, c ._ U Q ~ ~ 3 ~~~ N~ ~"N~ ~ EN CJ Y d ~ Q Z~ 0~ Q CA ~~ JJ ~.. _t= HH~ (n C7 O Y a~ m n. U O ~. U (`C 0 v .~ 0 a~i ~_ m cti U m 01 3 LO f O ~ Y N E ~ o U ~ L ~ O ~ C N ~ m Q O 3 ~ ~ o L ~ ~ ~ ~ E ~ °~ U ~ N I- ~ fl. Suggested by: Council CITY OF KENAI ORDINANCE NO. -95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROHIBITING THE KEEPING OF CERTAIN KINDS OF LIVESTOCK WITHIN THE CITY OF KENAI EXCEPT WITHIN RURAL RESIDENTIAL ZONES. WHEREAS, the keeping of goats, horses, swine, sheep and cattle within non-rural residential zones within the City of Kenai creates sanitary and odor problems for such zones; and WHEREAS, the restriction of the keeping of such animals to rural residential zones within the city will reduce such problems; and WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of such animals to rural residential zones; NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 3.10.070 is enacted as follows: 3.10.070 Livestock within the city limits: (a) Except as otherwise provided in this chapter, no person shall keep or maintain within the city any cattle, horses, sheep, swine or goats. (b) This ordinance shall not apply in areas of the city zoned rural residential. The keeping of livestock otherwise prohibited by this ordinance may be permitted by special permit from the Chief animal Control Officer. Such permits may be issued to permit circus performances or other public exhibitions or entertainment events. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of . 1995. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: December 5, 1994