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HomeMy WebLinkAbout1991-08-14 P&Z Packett t I~NIN~ ~- ~°P/'' ~`'~ C ', ~ ~ ~j J ~t/U a~~ ~o N w~ t ,~ ~ ~-(,s~ro ~ ` ~ f~ Yeq ~~~=r r~~ yV u.I G ~ l ~~ ~~,C~1~y ~ ~y d~ y ~~ ,~`, ~~.. BICENTENNIAL Yi~ayec~a~tst"G'~y md!ca ~u /t/~e! ~0. CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 MEMORANDUM DATE: August 9, 1991 T0: Planning and Zoning Commission FROM: Loretta Harvey, Planning Secretary~~ RE: WHITE COUNTRY ESTATES - FINAL PLAT The Planning and Zoning Commission approved this preliminary plat at their June 26th meeting (Resolution PZ 91-20 attached). Since that meeting the owner of the property has decided to develop the subdivision in parts. Due to this change the city has a chance to review the plat again (see attached letter from Robbie Harris, KPB). Does the Commission have any objections to the change from approved preliminary plat? _~ ~~ 1. ~~~ G~~ ~ '~ KENAI PENINSULA BOROUGH !~-~-~~;~,, 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 ~,,, ~~~ ~~~ PHONE (907) 262-4441 ~r DON GILMAN MAYOR July 23, 1991 Loretta Harvey City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Re: White Country Estate KPB File 91-063 Attached are two copies of plat of White Country Estate as submit- ted for final approval. Copy of submittal letter also attached. Surveyor has not indicated if this is to be the final design or if it is to be "part one" of a multi-phase subdivision. Per 20.12.050 - Final plat is submitted to city for review when the design deviates from the preliminary in a manner which has not been recommended by the city. If surveyor advises that this is to be a multi-phase subdivision; we will recommend name be changed to incorporate "Part 1". Thank you, Robbie Harris Platting Officer IO~ n 9 0 U nn~n vv 6 ~ ~ ~ N ~og~oau pq~~ ~ ~~q~~ ~ ~ \ M \ ~~ ~ I .- U ~ N no .99 M 3 ' v N~ c ~.. i~ "~ M„SS,Z LOON ~ ~ ,L~"0° ~ -M ,6l'0~~ ~aa.~~.s ~,a11~H- ,6l'L9Z M ,~~ ~~ .~6'9S 3 ,~0'~8 0 3 ,OZ'9Sl , J~ ° *~ ° ~ p ~ ~ M ~ ~' am ( N - c rn ~ ~. l~ o~ C `' ' ~U -,-~ ~ ~ Q ~ O O p N Z a> ~ J Q ~ - ~ ~' a o `I 7~ ~ Lf~ ~ ~ Q - ~ rn ~ . r ~ QO - ~ is_; 3 N ~ ~6L'ZS _ w a ~ ~. ,_- (~ c ~ Y , ~l ° ~~~ s.J -~ ,yi Z ~ ~ p~-i1x~' ~R't- w~ ~ ''E °¢9'x+6 ; L ~ '4 ~ - tr .. ire\/ _ Y D .~~ .~~ ,o~'~F,~ C~ I i `5' r1 c ~ ~ `=-~ u' J try-. W c•J a. ire '~ „~S,~. t.CGN ~, , BICENTENNIAL yi~aye wrU~a fist= G~~url~G a ~u~e! (O a,. CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 STAFF REPORT TO: Chairman Bryson and Planning Commissioners FROM: Loretta Harvey, Planning Secretary DATE: August 9, 1991 RE: SOUTHCENTRAL AIR REQUEST TO EXPAND HANGAR BACKGROUND Applicant: SouthCentral Air 125 N. Willow St. Kenai, Alaska 99611 Legal Description: Lot 3, Blk 1, General Aviation Apron Existing Zoning: Light Industrial Current Land Use: Charter Operations and operation and maintenance of aircraft used in scheduled commuter service. Proposed Land Use: Same as above *Plans available night of the meeting. DISCUSSION' In July 1985 the City of Kenai entered into a 55 year lease agreement with SouthCentral Air Inc. (see attached). The airline wishes to expand the present hangar by 100 x 20 ft. Because this is airport leased land the Planning and Zoning Commission must review the plans for this expansion. Does the Commission approve the planned expansion for the SCA hangar? BOOK.O269P'CE 799 FCR CITY USE O1-1Ly DatQ RecQiv~d 7 ~ ~.~ CITY OF KENAI ~~ iz - c ro~t~.or, '. P.O. BOX 580 - KENAI, ALASKA -PHONE 283-7535 ~~" t-~'-~- ~ ~ ignature and title) LEASE APPLICATION Name of Applicant Sor~thCentral Air Inc. Address 125 N. [billow Street, Kenai- Alaska 99611 Business Name and Address same as above Kenai Peninsula Borough Sales Tax No. 04962 (if applicable) State Business License No. 000711 (if applicable) Telephone 907-~283~-7064 or 283-7676 Lot Description Lot 3, Block 1, General Aviation Apron Desired Length of Lease 55 years Property to be used for Charter operations and operation and maintenance of aircraft used in scheduled commuter,. service Description of Developments (type, construction, size, etc.) r4etal hangar building Frame office building ' Attach development plan to scale (1" 50'), showing all buildings _ planned. Time Schedule for Proposed Development: Beginning Date There are no changes scheduled for development from the existing buildings Proposed Completion Date Estimated Value of Construction $ Date: r ~ - ~J_ ~~`~ Sig Date: Sig 1 c`- t Ba~~0269P,~E985 LEASE OF AIRPORT LANDS THIS AGREEMENT, entered into this / ~/( day of CSC , 1985, by and between the CITY OF KENAI, City Hall, 210 dalgo Street, Kenai, Alaska 99611, a home-ruled municipal crorporation of Alaska, hereinafter called "City", and U~Y/JGn LOTSffG~~`' , individually, and SOUTHCENTRAL AIR, INC., 125 N. Wi17ow, enai; Alaska 99611, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: i Lot 3, Block 1, General Aviation Apron A. PURPOSE: The purpose for which the Lease is issued I is: ' Charter operations and operation and maintenance of aircraft used in scheduled commuter service B. TERM: The term of this Lease is for 55 years, commencing on the 1st day of July, 1985, to the 30th day of June, 2040. ' C. RENTAL PAYMENT: Subject to the terms of General Covenant No. 9 of this Lease, rental for the above-described land shall be payable as follows: 1. Right of entry and occupancy is authorized as of the 1st day of July, 1985, and the first rent shall be computed from such date at the rate of $7,425.00 per year, including sales tax, based on 6A of the appraised value of $118,750.00. 2. The annual rental rate shall be 6A of the fair ' market value (as set forth and defined in General Covenant No. 9) of the demised premises, and the rental on the effective date of this Lease shall be $7,125.00 per year subject to redetermination pursuant to General Covenant No. 9.' 3. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the - - K, first day of July of each year. If the annual rent exceeds \\ $2,400, then the Lessee may opt at the time of the execution ~ hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 4. Rental for any period which is less than one (1) year shall be prorated based on the rate of the last full year. 5. In addition to the rents specified above, subject to General Covenant No. 9, the Lessee agrees to pay to the appropriate parties all levies, assessments,-and charges as hereinafter provided: (a) Taxes pertaining to the leasehold interest of the Lessee. TIM ROGERS CITY ATTORNEY 1 CITY OF KENAI L E S S O R: `~ P. O. BO%5B0 LESSEE: x KENAI, ALASKA 9961 I ~ V Z83-7539 ~. ~- ~ C- l ~+{~ ~+ BUGY. O~U~7 P~~E 98U (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (c) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the leased property. (d) Interest at the rate of eight percent (8A) per annum and ten percent (10ro) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. D. GENERAL COVENANTS: 1. USES: Except as provided herein, any regular ' use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Solicitation of donations or t e promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING: Lessee with City's written consent, which will not be unreasonably denied, may assign for other than collateral purposes, in whole or in part, its rights as lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, including, but not limited to, recording costs shall be paid by Lessee. 5. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City. At the a- \ •, - expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender - \ the premises to the City. 6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neat and presentable and compatible with its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. 8. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event TIM ROGERS CITY ATTORNEY 2 L E S S O R CITY OF KENAI x eo LESSEE: v. o. eo s KENAI, ALASKA 99611 283-7539 G- r~ ~ ~ , ~oor0269P~~E987 the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. RENT ESCALATION: In the event this Lease is for a term in excess o five 5 years, the amount of rents or fees specified herein shall, at the option of either party, be subject to redetermination for increase or decrease based on the per- . centage rate (set in C.1. above) of fair market value at intervals of five (5) years from the 1st day of July preceding the effective date of this Lease. No increase or decrease in the ' amount of rents or fees shall be effective, until after thirty (30) days written notice. Fair Market Value is defined as "the highest price estimated in terms of money which a property will ~ bring if exposed for sale on the open market allowing a reasonable period of time to find a purchaser who buys with ~ knowledge of all the uses to which it is adapted and for which it is capable of being used". This Fair Market Value will be based on the condition of the land on the date of this lease plus the value of improvements, if any, made by the City subsequent to the date of this Lease which would affect the value of the property. At each five (5) year interval, the City will have the fair market value determined by a qualified independent appraiser. The redetermined lease rate, annual rent, under this provision shall be limited to a fifty percent (50a) increase in the prior lease rate until the 30th year anniversary of the lease after which the SOo cap provision shall no longer apply and the lease rate shall be redetermined every five years on the basis of fair market evaluation as indicated above. If the Lessee does not accept the above appraisal as the fair market value as of July 1 of the redetermination year, the Lessee shall give written notice to City of such refusal within 30 days after delivery to Lessee of the appraised valuation and the rental rate derived therefrom, and within 10 days after such notice of refusal, the Lessee or the rep- resentative of the Lessee will meet with the representative of the City to select an impartial appraiser who must be a member of a recognized appraisal organization with a designation which denotes proficiency in the appraisal of commercial property from such organization. If the Lessee fails to give written notice of refusal within 30 days or to meet with a representative of the City within 10 days after delivery of notice of refusal (or within any extension of such time granted by th.e City Manager for b, good cause shown to him), then the rate as determined by the City - - ~ •., will be effective and failure to pay that rate in full by Lessee will be cause for cancellation of the lease. In the event that the City and Lessee are unable to agree on an appraiser as above provided, valuation, along with any related controversy or claim arising out of or related to this Lease, or the breach thereof, shall be settled by arbitration in accordance with the most current version of the Real Estate Valuation Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the Arbitrator(s) may be entered into any court having jurisdiction thereof. All fees and costs of arbitration, excluding the cost of representation of the parties, shall be divided equally between the City and Lessee. 10. LEASE UTILIZATION: Leased lands shall be utilized for purposes within the scope of the application (made a part of this Lease and attached hereto), the terms of the Lease, the terms of the deed under which the land was granted to the TIM ROGERS CITY ATTORNEY 3 CITY OF KENAI L E S S O R P. O. BOX 5B0 LESSEE: ;~< KENAI, ALASKA 9961 I 783-7539 !'nl _ C- eaow 0269 Pn~E 988 City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, and with Kenai Airport Regulations, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11. CONDITION OF PREMISES: The premises demised herein are unimproved and are leased on an "as is, where is" basis. 12. PROTECTION OF AIRCRAFT: No building or other permanent structure shall be placed within fifty (50) feet of the property line fronting a landing strip, taxiway, or apron without the written approval of the City. This area shall be used far parking aircraft only. 13. UNDERLYING TITLE: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 14. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 15. INDEMNIFICATION AND INSURANCE: Lessee covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City and/or Lessee. Insurance requirements hereunder shall be subject to the sole determination of the City. Said insurance may include, but need not be limited to, -, ~ insurance coverages commonly known as, or similar in kind to, public liability, products liability, property damage, cargo, _ - ~ aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where possible name City as coinsured thereunder and shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procedured, Lessee shall deliver all policy originals or duplicate originals and endorse- ments thereto to the City for incorporation within this agree- ment as attachment thereto. In any event, Lessee is not to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and effect. TIM ROGERS 4 CITY ATTORNEY CITY OF KENAI P. O. BO%580 L E S S O R: 1„y~$ LESSEE: ',~`~~, ~~ KENAI, ALASKA 99611 483-7539 t- l BOGY.O269P,:GE989 Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: Comprehensive General Liability Combined Single Limit (Bodily Injury & Property Damage) $1,000,000 Workmen's Compensation: Statutory limits Automobile Liability Combined Single Limit (Bodily Injury & Property Damage) $1,000,000 Aircraft Liability ' Public liability and property damage (combined single limit) in the amount of $1,000,000 with no sub-limit for passenger liability Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance of if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated, without penalty, on five (5) days written prior notice to Lessee. 16. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 17. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easements in, or above the land leased. No such grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and lessee shall have free access and use of any and all parking and - ~ \ •,, loading rights, rights of ingress and egress now or hereafter - \ appertaining to the leased premises. 18. LEASE SUBORDINATE TO FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. 19. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier ter- mination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, .and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of TIM ROGERS 5 CITY ATTORNEY L E S S O R: CITY OF KENAI P a aoX~o '~]'~` LESSEE KENAI, AlA$KA 99611 283-7539 C- BOOM, 0269 P„GE 990 all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 20. AIRCRAFT OPERATIONS PROTECTED: (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft i in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (When plans for improvements pursuant to paragraph 7 are approved by the City, the City to the extent of those improvements releases the easement here expressed). (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 21. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietl and peacefull hold, use, occupy, and enjoy the said leased prer~iises, except tat any - - ~ inconvenience caused by public works projects in or about the •., leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 22. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 23. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. TIM ROGERS CITY ATTORNEY 6 CITY OF KENAI L E S S O R: ~" P. O. BOX 580 LESSEE: ~_ KENAI, ALASKA 99611 283-7539 r' S- ~ ~ eoo~ 0269P;,OE 991 24. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 25. DEFAULT BANKRUPTCY, ETC.: If the Lessee shall make any assignmen or the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 26. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; --- TIM ROGERS CITY ATTORNEY CITY OF KENAI P. O. BOX SBO KENAI, AIO.SKA 99611 283-7539 (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursusant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 27. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. LESSOR: I.~ LESSEE: ~I t- BOOM. O~Uey P~fE 992 28. MODIFICATIONS: No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 29. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. The City will not be held responsible for any water erosion of the land. 30. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. 31. NON-LIABILITY: City shall not be liable to Lessee for any diminution or deprivaton of possession, or of Lessee's right hereunder, on account of the exercise of any such right or authority as provided in this or the preceding section, nor shall Lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the United States made applicable to the states. 32. FINANCING: TIM ROGERS CCTV ATTORNEY CITY OF KENAI P. O. BO%S80 KENAI, ALASKA 9961 I 283-7539 (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and far no other purpose, Lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, Lessee's interest in the leased premises and in and to this Lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the- Lessee's interest in such lease as a result of a sale under said encumbrance pursuant to a fore- closure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or con- templated foreclosure action, such lending institution shall have the privilege of transferring its interest in such-Lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the Lessee, whereupon such lending institution shall be relieved of any further liability under such Lessee from any default after such transfer. Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such Lease, or any other lending institution which may at LESSOR: LESSEE: t- ~ ~ 0269P;pE993 BOOM. any time acquire such lease shall be relieved of any further liability under such lease from and after a transfer of such lease. (b) A leasehold mortgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all rights of the Lessee with respect to the curing of any default hereunder by Lessee, (c) If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shall give the City before any default shall have occurred in the Lease, a written notice containing the name and post office address of such holder, the City shall thereafter give to such holder a copy of each notice of default by the Lessee at the same time as any notice of default shall be given by the City to the Lessee, and the City will not thereafter accept any surrender or enter into any modification of this Lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this Lease. (d) If, by reason of any default of the Lessee, either this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new Lease with the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditions: (1) Such mortgagee, beneficiary or security assignee, shall make written request to the City for such new Lease within twenty (20) days after the date of such termination and such written request shall be accompanied by a payment to the City of all sums then due to the City under this Lease. (2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at the time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such termination, and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. (3) Such mortgagee, beneficiary, or security assignee shall, on or before the execution and delivery of such new Lease, perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shall have failed to perform such conditions. TIM ROGERS CITY ATTORNEY CITY OF KENAI P. O. BO% 580 KENAI, ALASKA 9961 I 283-7539 (e) If a lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation shall desire to assign this Lease or any LESSOR: LESSEE: ~~ [- ~ ~ BooM0269r~rE994 new Lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such Lease required to be performed by the Lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. If the proposed assignor shall assert that the City is unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 33. AMENDMENT OF LEASE: Notwithstanding anything to the contrary, in order to aid the Lessee in the financing of the improvements to be situated herein, City agrees that in the event the proposed mortgagee, beneficiary, or security assignee under any interim or permanent loan on the security of the leasehold interest of the Lessee and the improvements to be situated thereon so requires, the City will make a reasonable effort to amend this Lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's right hereunder nor be such as to alter in any way the rental obligations of the Lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of airport lands, and to all applicable Federal statutes, rules, and regulations, and all covenants and conditions of the deed by which the City holds title to the land. 34. COMPLIANCE WITH LAWS: (a) Lessee shall observe, obey, and comply with all applicable laws, ordinances, rules, and regulations of the federal, state, borough, or city governments or of any other public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures, and improvements or the use thereof, whether or not any such laws, ordinances and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. (b) Lessee agrees to hold City financially harmless: _ __ ~ (1) From the consequences of any violation of such laws, ordinances, and/or regulations; and (2) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules, and regulations. 35. CARE OF PREMISES: Lessee, at its own cost and expense, shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. TIM ROGERS CITY ATTORNEY 1 CITY OF KENAI L E S S O R v. o.eoxseo LESSEE: KENAI, ALASKA 99611 283-7539 S- ~ soor 02b'9P„pE 995 36. SANITATION: The Lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept in neat, clean, and sanitary condition, and every effort shall be made to prevent the pollution of water. 37. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee's own expense. 38. CONDEMNATION: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi-public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 39. ARBITRATION: (a) In the event the parties shall be unable to agree as to any matter provided for in this Lease, except as to the amount of the five year rent redetermination rate which is handled pursuant to General Covenant No. 9, such dispute shall be determined by three (3) disinterested arbitrators, one of them shall be chosen by each of the parties hereto and the third by the two (2) so chosen, and the expense of arbitration shall be borne equally by the parties. (b) The party desiring arbitration, as aforesaid, shall give notice in writing to the other party of such desire, naming the arbitrator selected by it, and five (5) days after giving of such notice the other party shall select its arbitrator and in the event the two arbitrators chosen shall fail, within fifteen (15) days after their selection, to agree upon the third, then the Superior Court of the State of Alaska shall, on request of the party not in default, or upon the request of either party if neither is in default, appoint within fifteen (15) days after such request, an arbitrator, or arbitrators, to fill the place or places remaining. (c) The decision of any two (2) of the arbitrators in conformity with the foregoing direction shall be final and conclusive upon the parties hereto. The decision TIM ROGERS CITY ATTORNEY CITY Of KENAI v. o. Box seo KENAI, ALASKA 99611 283-7539 11 LESSOR: /~~~?3 LESSEE: ~- S- BOOM.O2U9P„fE996 of the arbitrators shall be in writing, signed in duplicate by any two (2) of said arbitrators, and one copy shall be delivered to each of the parties hereto. (d) Except as specifically provided for in subsection (a), (b), and (c), the Uniform Arbitration Law of Alaska shall govern the arbitrations) contemplated herein. 40. PROTECTION OF SUBTENANTS: To protect the position of any subtenant s hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, it successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was - originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all-the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject. 41. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 42. GOVERNING LAW: This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. 43. NOTICES• (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub-paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice ,so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given tc the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. TIM ROGERS CITY ATTORNEY CITY OF KENAI P. O. BOX SBO KENAI, ALASKA 99611 283-7539 12 LESSOR: LESSEE: ~X :- BOOM.O~lJt~1P~~Ec7c7~ TIM ROGERS CITY A7TORNEV CITY OF KENAI P. O. BOX 580 KENAI, ALASKA 99611 283-7539 44. RIGHTS OF MORTGAGEE OR LIENHOLDER: In the event of cancellation or forfeiture of a lease for cause, the holder of a properly recorded mortgage, deed of trust, conditional assignment or collateral assignment will have the option to acquire the Lease for the unexpired term thereof, subject to the terms and conditions as in the original lease. 45. ENTRY AND RE-ENTRY: In the event that the Lease should be terminate as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 46. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 47. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the lessor to enforce any convenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 48. BUILDING AND ZONING CODES: Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a default. 49. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to supress destructive or uncontrolled grass, brush, or other fires on leased lands, and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 50. PERSONAL USE OF MATERIALS: All coal, oil, gas, and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, 13 LESSOR: LESSEE: „~ C- BOOK O(.Uc~P„GEc7c70 topsoil, or any other material valuable for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 51. MUTUAL CANCELLATION: Leases in good standing may be cancelle in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 52. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 53. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal agencies. 54. APPLICATION MADE PART OF LEASE: The application for lease upon which this Lease is based, the building infor- mation and development plans filed therewith, and the sheet entitled "For Your Information" setting forth the conditions for acceptance and approval of the application, all of which are attached hereto and denominated Exhibit "A" are hereby incorporated by reference and made a part of this Lease. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI By: it iam J. ighton City Manager TIM ROGERS CITY ATTORNEY CITY Of KENAI v. v. eox seo KENAI, ALASKA 99611 283-7599 LESSEE: I IV DUALLY; l SOUTH NT AL AIR IN ;! f By: N e ~ Tit e (If Lessee is a Corporation) ATTEST • ~~ ~~ ~,, Q~ ,l~t~~ I F-Y /yr me Title 14 LESSOR: LESSEE: / -'h :- j` 7 c ~ TIM ROGERS CITY ATTORNEY CITY Of KENAI P. O. PO% 580 KENAI, ALASKA 9961 I 283-7539 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) BOOMO269°'~E999 THIS IS TO CERTIFY that on the 16th day of August , 1985, Vernon L. Lofstedt, Jr , individually as well as in his representative capacity, being personally known to me or having. produced satisfactory evidence of identification, appeared 4efore me and acknowledged the voluntary and authorized execu,t'ion..•of••.tfie foregoing instrument on behalf of said corporation. '= •.4 N6tary ublic r Alaska ~- ., ~~ My Commission Expires: =? STATE OF ALASKA ) ~• ~~' ! )ss THIRD JUDICIAL DISTRICT ) z THIS IS TO CERTIFY that on this ~ day of~~%~5-f , 1985, WILLIAM J. BRIGHTON, City Manager of the City 6'f ,K.e,nai, Alaska, being personally known to me or having produce~L3.j•';"~ satisfactory evidence of identification, appeared. bef~orae.,m•e~,and acknowledged the voluntary and authorized executi.~n of,the•.Y,', foregoing instrument on behalf of said City. ~;°;"17/~''i ~~~ .~~ Notary Public fore {y~laska.'J G ~~ .' •~ My Commission Expires: z ,J .~' Approved as to lease form by City Attorney i s Approved by Finance Director ~G/,~ Initials - Approved by City Manager ~~~//Init als LEASE APPROVED by City Council this -~ day ofG~~, 1985. C• y Clerk 15 LESSOR: LESSEE: ?~- u C- ~~ I~ \ '~b 2S~ , ~ BOOK U~dty P'GE eyycy~ ~ `'' a ~; L.:/` l~ '~ ~~ ~~ ~ ~ ~ ~ ~ R Q V ~~I j Q~ Q ~u ~ 2 ~ H ~~ C_ ~ 'C Y ~ ~~ ~v `z c ~ a> ~;~ Y ~ ~ Y ~, a ~~ '~C r a ~( ~ ~-J W t ~~ ~ o C~ t . o _ ~ a ~ ~, ~\O~ \ N (~~ E _ c ~ ~~~ z . ~ ~ .` .J ~ ~ ~ y _ 4 i2 ~ ~ ~ h h d -1 4 .~ Y~ ~~~~i ~ o ~ o~ ~~~ Q •7 F- A A ~' ~ • l~U~ _ _ ~a t'~ ~ ~~ C I ~ .' G 1~ I~ l~ 1~~I ~~ I F. O. COX 580 I,::3'i.-^+I, G.J+SrCA - F•~-iOIdE :83-7535 Name of Applicant Address QDY~ 3D ~ Business rdume and Address ,41~IoYS FLYII~l~ SE~V-G~ ~ 1 NC. 13C~x 3D ~ , ~~n~~--f. ~-~~s~a ~5~r~ Kenai Peninsula Borough Sales Tax No. -~ 1-y~~~'2' State Business License ;Jo. ~~ -' bell Prone -~, BC~IC ,c%_rAGE_ Lease Appl,, tati~ia' RocordinQ I?istrict # pg 1 of 2 ~/~VI~ L. bIQMDND KE(\l A1. 1~LA5 K~ g 56 I I . 2~~'~6 76 (check one) Lease Peririt Lot Description_ L D ~ 1 , SLUG ~ "2' ~~~ Desired length of Lease or Permit S-S ~C~~S Property to be Used forSUITABL~~ l~[JILD/~/C 'i r~ COx/T1~/~l1 ~~~ANG~~ Vi/.~l`ri~t/~ 12~0~ ~!/a . L.C~vi/GE I~OT ~o~nl~~, .~N~ L~ rt-I CFS. Description of developments (type, .construction, size, etc. ~~ MA?u2 L~~~V~I; L F1LL_, Ca) ~~('~ ~'D~ /3UIL~/n/G. Attach development plan to scale 1 inch = 50. feet; showing all build-- ings planned. Time Schedule ~©l~sTc~UGTI D/~ ~F ST~L/C i 1J2~~ ~~ ~~ ~'0,/Jl~LF7"~D l~}~ aG7-'ol3C-C2 !S, /978, ____.___ Estimate value of construction:. Date ~~ z g ~ 77 sign ~Keri~i R~ccordi ~' •.J Page 3 of ~~ ~ ~~8ril~o . .. BUILDING INFORMATION tJame f r ;. f ~' ~~ t Construction materials- -STc~ L 1-BEAM Ft~AM~ METAL BUILD ! !vG W i TN 1 ~ I Z P I TL ~-( 1~Go ~ T'o tr/1 T~1 ~ 7 ,4 n/l~ ~ p# LIVE LcIAD ~-1NL~ 3v~ Win/~~ L~~ll,~, Scale: 1" = 8 ~ - - ~"~ ~ ~ rAGE ~ 5` Page 4 of '``~~{ ~rardtn~ District ~` ' -.--.--- . LAYOUT PLAN Lot ~ Block ~ Subdivision ~ ~ ~~ Name C~ s~ t s~~ -TA X ~ W Q ~/ t i t { t t Zt~O ~ j ~7~ ~~~;~~~~ ~~ ~ -~ ~ ~~°~~ i :_ T Luc ~~ = ~ u~ ~ '11 ~, ,--~. ~. .. ~ ` ~~ Scale 1" = 50 I =N- ,- \~ ~. a• •4 q~ V +~ ` \ ~o \ ~~~ O +•~ m i1 y ~ a e' Q ~dS \ ~ \ ` ~ :~ } ~ r \~;,~ d$ ? \ U \\db ~ \ ~ \ \~~ \~ r o c~ ` c P r O. i >~ u Q Y as ~ Y cn a u W ~ ~i ~ . i u Y - 4l - J ~f J G U 1 J X ~ lJ i'1 Z U I, t ai~ N O z Y Z a U ~ ~ O 2 J O 0 Q a c~ ~ O ztWW-r O ~ ¢ ~ WZ N U w I~ a o v a N a a t- f- r 7 ~ N OQ1 W W UN N O U J Z O Z ~ ¢ O~ zaooa a•oc- J t- 0 v i 4 o 0 a ~ t 101 0 v' W r - .. z a ~ OO OSZ g ri .. _ Maoplas '6MQ ~OZ -~ ~ t a ~ ' in -k- IY n WJ W 3 ~n o ~ ~ 1 a - g o °w a ~ ~ g I _ m ~ ~ N o ~ n v! I a O ~ ~. N r `, s a ' 0.001 ~ I . L _ . HaMtes -o n •6DIQ ~SZ .J OO~OSZ 'M4BI-o19'N 0 ~I a Y U m F 0 J ~~ N'' , CITY OF KENAI ~~ ~ ~ A S ~P 1 ~ f ~ 210 Fidalgo Avenue B I C E N T E N N I A L Kenai, Alaska 99611 Yc~a9e wrlJ~a~ist~C~/a~L a ~(I.~UAre ~ TELEPHONE 283-7535 FAX 907-283-3014 STAFF REPORT TO: Planning & Zoning Commission FROM: Loretta Harvey, Administrative Assistant DATE: August 9, 1991 SUBJECT: Resolution PZ-91-25: Background Applicant: Robert L. Roper and Johnny J. Jackson P.O. Box 48 Kenai, AK 99611 Legal Description: Lot 14, BL 1, CIIAP, 1.2.1 Acres Granite Point and Trading Bay Road Existing Zoning: Light Industrial (IL) Existing Land Use: Vacant Lot Proposed Land Use: Auto Cleaning and Repair, Security Parking, Taxi Cab Dispatch, Offices and Warehouse Storage and Commercial Coin Operated Car Wash Discussion Mr. Roper and Mr. Jackson, have submitted paperwork to lease the above referenced Lot. Lots 10,11, and 12 of this same block are presently being considered as the site for the proposed new Alaska State Courthouse. The City may wish to retain this lot as a support facility site if the Courthouse does choose to build on adjoining lots. The City owns Lots 6 and 8 in Block 2, whicri m~_ght be rec:ontmF:~~~Aed for lease to Mr. Roper and Mr. Jackson, at this time. - - .. 'fix i~PC" > ' •~ r • s e q'0c fl ~ ~ ,: ~ p~ !,. _ i'' `~ . OMB • ~< •- i. e . ~ , io~~ - ~ 1~F sT~~ ~ ~ ~ ~~ ~X1Nr • ~ - >qq ~ ~J'~F ' x, 'Ffr "' ~ ~ , ~ C~ ~ • ~ ~5 ~. '-~ L .,Y ~ , ' T fi r ~1 ~t ., %;re ~t ~~~Y ~',~`u ~ / ~ ~.pn ~~[ ,y_ ~ \ '+la 0! 'z~*r . ~._L :F.: .. a! V t~ •i ^•ySSZ~t ~ R-. •. Ir Y[y,. - x12, s ~ ~~ '~.~ O ~ A~ ,-~ ~a ,~~ mot. = .:; _ ~g > ~r 7~. '~ ~ t S,-c ~~s}~~' r g4CT . - ~. •~ ~ x a-f ~ ~. n V ,~,., cpb•e ~r ~• rX i Y 1 .'. of ' - ., ~ .` :. a {\'~. z~ ~~ ~ s ~• t~, t ! ~E ~~~.#+ts` ~~~ •~ ~ c x a -tk ~: P as ., ~ CSt;. . s.- y~! ~.,, t r r1 » ~ f r ~ ~ s ~ '~ ,~ ~~~, +sF rJrtt~~ at r _ .. .. ~ _ k ,r _~ - .: ~ ,...... .... c .. ~' .~~ t'~ .:iii; '~ '=,%Y.•..:."••ea::=r~i>.:-: ':as=-rt.::::::::_~! si~~: ::?::~`~ ~ •t ?5f.: ~.a~~~'tts4~•G';T U !)OpE ., ,.,... ,. ' ~, ~ •'i°,a:....«.r:~,....:: •.~+_. ... ....-..:m::i?ia •s :::..: 'e"•~•f.;?r• ?;~ f ,,..;.. ..- - .. ~ .1-:r:'., ~.. ^T`!.. ':r_.•rf^_c•tic:_^'::::°: .. ..a7F ~~i;~TY.?.._... ..k::x:• :; ~ei?i:'~ - tns ~`iu :i'%':.%~ s~ _ S t ~attsr ^::r•s...... .>,..:...r........... :'dE?i~ i :'0- iE ~ ~ ^`ia..tf_,.• Lti. ... ...~ .,,.. x ~.-. _. ~ ,H !S -. s , <1F`~- 's` ..•~ ''ix r??c?'. r.... i:c_. - ........ .......... ..:::..::r s::;.:~:: :..n . .. ~ r ^.cd: ::ca. c• ~~ ;~ c ^ii?'i eie?v~ -K~eBEE:iiFg:: 'i:t::,.:. . {.. _ _ G .... .. ~ .... • . It (^y ~~ ..' P , ,ty:`f .. ...yz'~rry~~'~y ~ ~~»::ra~z • _ ~4~~ ar... r ~~`f^ ~ • . .. T ~ ...:x _ - ,. 'J~ r i 8 ~=` ':, •4 •--f•. •S?rtfj.,'•.i•::.~:!~'=~:." ~::ic ° t 0 f ... _:....._..... ~' 2 4. _ ~ ~ • ~ LOT A-2 c ~" • _ - Q ,~~ ~..~ - • ~~' ~7~.~ ~~,~ HARON PARK~-i LOT A- 1 ~ ,'~. ~ 1 A U.S. GOVERNMENT 1963 I .,, r,uraTNON Rp i ~: ': 7 FROM VARIOUS OWNERS .1968 (LOTS 123,173 & 174 O.KT) , ~ rt t , ~.. t i ~a "*'~,' UNIT H-2 ~` STATE OIV . OF LANOS (ADL 24414) 1964 ;.~ : ~ ~ .,` TRAGT ~ ~ FOR AIRPORT OPERATIONS. ~ - ~,~, ~~t . ~~_ (AOL. 24414) 1964 ~u ~ aB `" o . ., o UNIT N-3 i~ ~: 1968 ~ ~ a ~ _ DZV . OF LANDS. 1973 ' C 1 O ~- ch CRICKET DR ~ '-' Z _ '' :$ _ z ' 1 , '~` •C CFF TTTI F RT4TF nTV- OF LANOS ~ I = BARON PARK #5 `. d ~„ ~ . '' '~~ `~- Ld '~ i ,.~ .. ti `\ ~. a~ -f k / \ ~ ~a~~. `\ f.. O`~ , ~~~ ` 0 ~ ~ ®~ ~ m ;~ ~~ ~./ - 4 W, ~~ .r ~~ ~'o\ '~ ~ Ob p ~ ~'0 ~ ~~~ ~ \a~ i v~ r_ .~ e.~ Q .o c v O '~ jr r J ~? RENAI PLANNING & ZONING COMMISSION July 24, 1991 City Hall Council .Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Commissioners: Councilman: Administration: Planning Staff: Phil Bryson, Tom Murphy, Duane Bannock, Saylor Rehm, Art Graveley Hal Smalley Jack La Shot Loretta Harvey 2. APPROVAL OF AGENDA Chairman Bryson noted several additions to the agenda: 8b. Development in Townsite Historical Zone - Steven Peloza 8c. Res. PZ 91-26 Changing Ryan's Drive to Spur View Drive 10. Sharalyn S. Wright - Persons Present Not Scheduled MOTION AND VOTE: Commissioner Murphy moved for approval of agenda as amended. Commissioner Graveley seconded. Passed by Unanimous Consent 3. APPROVAL OF MINUTES - June 10, 1991 MOTION AND VOTE: Commissioner Bannock moved for approval of minutes as presented. Commissioner Rehm seconded. Passed unanimously. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Res Pz 91-24: Conditional Use Permit for Bed & Breakfast - William and Sandra Altland William Altland, 610 Set Net Drive, explained that Bed & Breakfast, (B&B) would be in a part of their house which was used as a "mother-in-law" apartment. There is a separate driveway into the area which would accommodate several vehicles. There is a small kitchen, dinette area, bathroom and sunroom. Mr. Altland is a guide on the Kenai and would like to make this available to his clients, mainly families or couples. Chairman Bryson opened the item to Public Comment: Hearing none he brought it back to the Commission for action. MOTION AND VOTE: Commissioner Graveley moved for approval of Resolution PZ 91-24: William and Sandra Altland, 610 Set Net Drive for Conditional Use Permit for Bed and Breakfast. Commissioner Murphy seconded. Passed unanimously. 6. OLD BUSINESS 7. NEW BUSINESS 8. PLANNING a. Res. PZ 91-25: Home Occupation Permit - Debbie Roberts MOTION: Commissioner Bannock moved for approval of Resolution PZ 91-25: Home Occupation Permit for Discovery Toys to Debbie Roberts. Commissioner Graveley seconded. Passed unanimously. b. Application for Development in Townsite Historic Zone - Steven J. Peloza Steven Peloza, 514 Overland Drive, explained to the Commission that the development is still in initial phases, but its a retaining wall, with sturdy uprights and framework and would be 10 feet high and 80-90 ft. across. Commissioner Murphy asked where the wall would be located on the property? Peloza said it would be behind the gallery, he has put alot of fill in the area and this would keep the fill from eroding. Commissioner Graveley asked what the method of anchoring the horizontal poles would be. Peloza said they would be bolted on the inside and notched. Chairman Bryson asked how the wall would effect the neighboring property? Peloza said the wall would be approximately 5 feet at the neighbors property line, below the level of the neighbors present fence. (Peloza drew a diagram on the board and explained that it would be in neutral area.) Commissioner Graveley asked if the neighbor knew about Peloza's plan to build the retaining wall? RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 3 Pelota said she knew about it and wasn't too happy, but the wall will not effect her. Chairman Bryson expressed concern that all fill material remain on Pelota's property and not get on neighboring properties. Commissioner Bannock noted that the applicant and the property owner needed to sign the permit. MOTION: Commissioner Bannock moved for approval of Application for Review of Development in Townsite Historical Zoning District - Steven J. Pelota. Commissioner Graveley seconded. Jack La Shot, City Engineer, explained that the wall would run above a City sewer line and the applicant needed to be aware of the responsibilities which go with building on top of a utility easement. VOTE: Passed unanimously. c. Resolution PZ 91-26: Changing Ryan's Drive to Spur View Drive MOTION AND VOTE: Commissioner Graveley moved approval of Resolution PZ 91-26, to rename Ryan's Drive to Spur View Drive. Commissioner Murphy seconded. Passed unanimously. 9. REPORTS a. City Council Hal Smalley reported that the City Council will have a Work Session with Carrs July 31st to discuss plans for old building, all. interested parties can attend this session. Ground breaking for this facility will be held July 30th. b. Borough Planning None c. City Administration None. RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 4 10. PERSONS PRESENT NOT SCHEDULED Verbatim: Sharalyn "Sue" Nright - "Hi, I'm Sue Wright, 1501 Barabara Drive, new address. I'm not certain exactly what the procedure is, hmm, Commissioners, last meeting I had requested a CUP for some property which I presently own at 1501 Barabara drive. I was out of town, my husband appeared in front of you folks and was not able to answer a number of questions that you had. I'd since contacted, I believe everyone who testified, and I believe the vote was 2 to 2 to not issue that permit. I'm not certain what prevailing action is termed as far as if there's going to be any kind of a reconsideration, but I felt it necessary to clarify any points or questions that you folks had, prior to the time of being turned down or approved. I don't think that probably the last meeting was truly representative of the meeting I want to be satisfied with as far as answering all your questions. Basically that's what I'm here for, I'm not certain what your procedure is, as far as asking me anything that you feel you might want to know." Commissioner Bannock, "Mr. Chairman, I had just a couple of thoughts on this, this evening. I spoke with Sue Wright on the phone and in your letter you said that the house was a rental and that situation did not work out right. If a rental is okay in there, what is it about a B&B that you have to have? The title B&B, why can't you just continue to rent it out with someone, and if I wanted to rent your house for a night, and knew there was going to be someone living there, I don't see why, you know I was thinking about this, what is in there that is gonna require that Sue Wright have to have a B&B permit to start with, to have an overnight renter there?" Commissioner Graveley, "I think what the difference is, is huh, to get a Bed and Breakfast for advertising purposes, B&B carries Wight, huh, and that aspect and that's where is falls under the proper codes, under the Bed and Breakfast code." Sue Wright, "If I may interject, I think I could probably get around having to get a permit for renting it by the night, and it would certainly be less work for me, and certainly have involved a lot less time. I was not aware of that, until this came before the Commission, and I don't intend on having a guide service there, I don't intend on having a lodge there. We have put probably in the last two years, in this building almost $30,000 in damages that tenants have done, a freeze up in March when I was out of state." RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 5 "I would like, during the summer months to use it as a bed and breakfast or establishment that will enhance the building. During the school year I would like to get a nice single, little old lady with references, who won't tear the place up again, because quite honestly, I have put three coats of paint on the inside, the insurance company has just put another, and I don't intend on having anyone in there again without references and practically a blood donation I don't have the time. And the building where it's at, it looks the best and it is the best that it's been since Waldo and Ruby Coyle owned it." "Now there was some questions about having a trustee apply, and there, I am prepared to share with you that on the death of Waldo on May 23rd, the trust at any point, can come to a halt. The trust, excuse me, can be liquidated, I should say. The trust, at that point, is liquidated in my name, so not only am I the trustee, I am the owner of the property if I choose to do that at any time. I'm waiting for the IRS to tell me that they got the original paperwork in April before we do that. So, whatever the circumstances are, I'm the person that has to answer for anything that goes on in that house." "Hmm, I think as far as the bed and breakfast goes, I don't object to living in the home for the summer, it's a nice peaceful place and you can swing a fishing pole off the front door and catch all the reds that you want. I have no problem with staying there, I did hire a while ago, someone to live in the basement apartment for the specific purpose of taking care of the bed and breakfast, if that's the route that we choose to go. At this point, I'm gonna have to honor that agreement with this woman, who is a very responsible individual whether or not I get this permit, hmm, if necessary I will stay at the house, my legal address on my drivers's, ladies and gentlemen has been changed to read 1501 Barabara Drive. Hmm, there's a big penalty for lying on your driver's license. I'm not going to lie on my driver's license. Anyone can show up there at 2 : 00 0' clock this morning and I will be staying there." "It is not my intent to deceive anybody. I'm not asking the Commission to grant me any kind of a permit which will be objectionable to any of the neighbors, I believe, as long as I don't have the guide service. Any other questions? And I'm familiar with the appeal process to the City Council, what I am looking for is for someone to reconsider this vote. There was a question about prevailing parties, as far as the vote goes, originally. Robert's Rules of Order, as far as I can tell, is not clear, in a tie, who the prevailing party is. We might need a legal opinion, which will make it another two week process, as far as who should ask for reconsideration, but I feel that I need to answer all of your questions." RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 6 Art Graveley, "One of the other questions I had on this issue was brought up that this is a duplex, was a duplex?" Sue Wright, "Yes". Art Graveley, "Under the Bed & Breakfast rules, which I think has some variance on the decision to vote was the way the rules are, the way the ordinance is, only, no more then 30% of the premise may be a B&B. Where you get into a black and grey area, is when you have a duplex and the way I see it, in my perception, is you're looking at living in one half, that doesn't mean you can rent the other half out as a B&B. You have to rent it out of the same half, that's the way I perceive it. Sue Wright, "Commissioner Graveley, I have a question. The B&B permit you just issued and approved, is a very similar situation, it was a grandmother's apartment. And that was approved, I'm not certain that I can answer that question for you. I guess I could ask the square footage here." Commissioner Graveley, "Other then what they had was not "a duplex." Sue Wright, "I'm not sure this has ever been zoned a duplex. There are two apartments one up and one down." Commissioner Graveley, "See that was brought up two weeks ago." Sue Wright, "I'm not certain, I may be using the incorrect terminology." Commissioner Rehm, "Just as a note, I did add up the square footage on the last one it was less then 30% and from what I read of the Code, duplex, single family house, fourplex, has nothing to do with it, we're talking about 30% of the total floor area." Commissioner Bannock, "And to rely on a little bit of history, we had a fourplex in VIP that we gave one quarter of one unit of the fourplex. We did tackle that issue and we said, it's under this roof so we gave 25% of this roof and so they got 100% of 1 quarter of the whole unit." Sue Wright, "I'm not sure how you guys figure this out." Commissioner Graveley, "As long as we're running down the same track." Chairman Bryson, "Okay, anything else you'd like to present, Sue?" Sue Wright, "Not a bit, not unless you have more questions?" RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 7 Chairman Bryson, "In looking at the vote tally, I haven't talked to her or anything, but it would be my ruling, that the prevailing side was the rejection of the item. Of the persons that voted, there was two that voted in favor and two who voted against it, and two people here who were not at the meeting, so technically there is only one person here who can make a motion for reconsideration." Commissioner Graveley, "I would like to make that motion for reconsideration, if it's appropriate, Mr. Chairman." Chairman Bryson, "Is there a second to that motion? Anyone can second it." Commissioner Rehm, "I'll second it." Chairman Bryson, "Okay, we have a motion for reconsideration which is on the floor for discussion." Commissioner Rehm, "Mr. Chairman, again I have no problem with the B&B, again as long as 30% of the total floor area is all we're using." Commissioner Graveley, "I think it holds with that, I agree with that and add to that, that we stay within the Code that the applicant must be a resident of the building." Commissioner Murphy, "Are we just voting on reconsideration now?" Chairman Bryson, That is correct. We would be voting to overturn the prior motion, and at that point we would be entertaining another motion on the issue. Hearing no further discussion on the motion to reconsider, roll call vote please." VOTE: Bannock: Yes, Murphy: Yes, Rehm: Yes, Graveley: Yes, Bryson: Yes Chairman Bryson, "Alright, I would like to get the motion for approval, at this point. A positive motion would be desired." MOTION: Commissioner Graveley, "I'll make a motion for approval of Resolution PZ 91-22, Bed and Breakfast for Sue Wright at 1501 Barabara Drive." Commissioner Murphy seconded. RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 8 Chairman Bryson, "Alright discussion on the motion. I might add, that the Attorney will be looking at this concerning the legality of coming up for reconsideration at a meeting separate from the action. Further discussion on the motion?" Commissioner Bannock, "I had a question for Sue Wright in regards to the application. There's been alot of discussion to the percentage of the place. Is it safe to assumed that this is a 50/50 split between these two houses, or the two living quarters?" Sue Wright, "No." Commissioner Bannock, "Can you give me an idea, about what kind of numbers we're talking about then? Because I'm not familiar with the inside, or anything like that." Sue Wright, "My quesstimate, and this is a quesstimate, would be basically that the upstairs apartment would encompass probably 75 to 80~ of the entire building. Now that's a guess, because this used to be a log cabin and I would have to measure exact square footage, and I would be glad to do that. Less then half, way less then half, I would guess, maybe 20~ of the living space on the top floor. So you're talking a very small area, very small bedrooms, much larger area on the middle floor, and a somewhat smaller area there. So percentage wise it's going to be real difficult for me to tell you." Commissioner Bannock, "Could you give me an idea, percentage wise how much of the total square footage would be dedicated to the proposed B&B?" Sue Wright, "Of the total square footage of the entire building?" Commissioner Bannock, "Righto." Sue Wright, "I'm guessing 20 to 25%, and that's a guess." Commissioner Bannock, "And so if the Building inspector was to come in with a measuring tape, would you feel confident that you would be less then 30~ of your total square footage that would be dedicated to the proposed B&B?" Sue Wright, "Yes." Chairman Bryson, "Jack do you have a comment?" Jack La Shot, "In the past, I think normally, we have considered only bedroom areas as the areas being rented in a B&B. We haven't really counted common areas that might be used. So usually it's not hard to meet a 30%." RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 9 Commissioner Bannock, "We are really splitting hairs here." Jack La Shot, "If we were to go in, if the Building Inspector was to go in and to measure, he would probably measure bedrooms." Sue Wright, "And that's what my assumption was." Commissioner Bannock, "Theoretically you would be even less?" Chairman Bryson, "Yes, by comparing bedrooms to the total square footage as determination." Commissioner Bannock, "Theoretically it would be even less." Commissioner Graveley, "But the Code says no more then 30~ of the total floor area, doesn't say anything about "bedrooms." Commissioner Bannock, "No, no, no, no, may I use the blackboard? Give me a rough idea of how many total square footage you have? " Sue Wright, "Can I just draw?" Commissioner Bannock, "Not even floors, just total, we're going to draw a box, just total square footage. The basement, upstairs, downstairs rounded off to the nearest 100,000." Sue Wright (drawing on blackboard), "To the nearest 100,000, I believe that this much would encompass the basement apartment, this may be the common area, now in using, a little bit more then that, we'll take this too. In using the term B&B, when you rent an area I am assuming that the bed you rent is in a bedroom, not a bathroom, although you have privileges for that room, that is a common area that is shared, as is the kitchen and living area, entryway and stairway. I would guess that this much is going to be rented here. That is a guess, because I don't have the square footage on my person. Now if you'd like me to draw a map, or a rough blueprint, I can show you also, because I'll be staying down here (pointing to basement area). There are 2 bedrooms down here, also. now I don't know if that's clear, I don't have a blueprint of the house, because the house was not built with blueprints." Chairman Bryson, "Well to the extent that she conforms to the 30% rule, maybe just an outline of the building on file with the Administration would suffice as to affirm that." Councilman Smalley, "I am a little familiar with the house because years ago Swan's used to live there and so the B&B is going to operate in the middle floor, and you're just going to live in the apartment downstairs?" RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 10 Sue Wright, "I'm going to stay wherever's free, as long as I'm in that building, unless you folks want to assign me a bedroom. (laughter) I mean I' d go for that too, because quite frankly, I'm, I'll do whatever it takes to get this building so I ..." Councilman Smalley, "Just looking at that from the downstairs versus the middle floor and the upstairs the percentages may be different then stated. Depending upon interpretation, because it probably, I'm not gonna say 60/40 but probably 55/45." Sue Wright, "Un-huh, No, the bedroom space upstairs is not even half of the living space downstairs. That's extremely small, that's an attic, my husband can't even stand up in that area, very small. Aaa, the bedroom's average 10 by 10, so that's 100 square feet, somewhere in that neighborhood, I don't know exactly for sure, but I do know that we can't move a queensize bed up there, because the area just won't allow it, it's very small. It's been a cabin that's been in existence for a long time, we've just renovated the inside, many times. I can submit a blueprint type form if you f olks need it . " Commissioner Murphy, " I was going to make the comment that I think that if we ever went to strict interpretation of the City regulations, of 30% of the total square footage that you would find, probably every B&B in this town could not comply. So I think that we need to look at, realistically, perhaps we need to look at the regulations that govern this. Because realistically I think what we need to look at is the bedroom area, which is what we've commonly done, rather then the total square footage area." Sue Wright, "Well if I can just add something, in talking to the other folks who have B&B's, one of the things I am hearing is that the ordinance is interpreted differently for different people, by different people. And I think it's a little vague in many places and the procedure for applying for the B&B permit and what to expect, and it would have certainly for me to have a set procedure written down, so I knew what to expect. And what was required, where as it was my understanding that an entire packet wasn't necessary the first time around, that I could present that at the Planning Commission meeting." "Hmm, I had a couple of people down the road call me and say, "I never even got a letter," and I went down and I talked to every person that lived on that road, with the exception of one and I didn't know that he owned the 1 acre lot. It might be helpful for you folks to look at that ordinance and look at the regulations and make some suggestions." RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 11 "Because I see alot of B&B's coming out of the wall, some in my neighborhood, in VIP some where I'm at and some other places and it's sad when you have different interpretations for different people. If it was all written down in black and white and everyone knew and worked by the same rules, it might be a little bit different. People might feel alot better about coming before you. Just a minor criticism." Commissioner Bannock, "I supported this measure last meeting and I intend to support it again tonight for a couple of reasons. Of all the people who spoke there was not a single person that didn't say, or said they didn't want a B&B. The letters, the people that spoke, they all said they had no problem with the B&B. And I think that if we go ahead and okay-dokay a B&B for Sue Wright tonight that gives her a license to use 30% and to follow the rules and if the police want to go in and do a measurement and if she's found to be out of compliance then necessary actions will be taken. " Chairman Bryson, "Any further comment? Call for question." VOTE: Bannock - Yes, Murphy - Yes, Rehm - Yes, Graveley - Yes, Bryson - Yes. Resolution passed unanimously. b. Steve Peloza n Steve Peloza, There is a matter of utmost importance to me and that is the speed of traffic in old town,on the gravel road behind the church turning toward the left behind Bay Arms. Traffic traveling at speeds form 40 to 50 mph is not uncommon. The road obviously needs a much slower speed limit, 15 mph would be more appropriate. There is alot of foot traffic on this road and people are constantly crossing it. Numerous vehicles turn around in front of the Chapel, this situation is an accident waiting to happen. I ask this Commission to approve 2 speed limit signs, 15 mph, radar enforced. The first one located somewhere around the Rectory and the other one located somewhere on the other side of the apartment building." La Shot, reported that maintenance o a problem because the City doesn't Church property. The City has done but only at the Church's request. signs at either end of the street. Councilman Smalley, said he would Council. f that street has always been have a ROW in there, it is some maintenance work there, The City could possibly put bring this item before the i RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 12 11. INFORMATION ITEMS a. City Council Agenda - July 17, 1991 12. COMMISSION COMMENTS & QUESTIONS Commissioner Murphy, submitted a letter of resignation from the Board, due to the fact that his family would be moving to Fairbanks. Chairman Bryson, expressed the Commission's thanks for Commissioner Murphy's service to the Commission. Commissioner Graveley, thanked Commissioner Murphy for the time he had served on the Commission. He also wanted to let Parks and Rec know they are doing a great job beautifying the city. 13. ADJOURNMENT There .being no further business the meeting was adjourned. Respectfully submitted, oretta arvey Transcribing Secretary z ,611 ~g19 202j~r~ ~~ `~~ UG 1991 a~ ,. ~._sv € i ; •' ro "rrY pp KEIVA- tivti~ ~ ~ ~95~'E~ b•4~4~ DATE: TO: FROM: RE: August 15, 1991 Cary Graves, City Attorney Loretta Harvey, Administrative Assistant, Planning DOG KENNEL/PET CREMATORIUM IN GENERAL COMMERCIAL ZONE At the Planning and Zoning Commission meeting of August 14, 1991, Mike Johnson appeared to ask direction from the Commission in utilizing his property for animal boarding. The property in question is presently zoned General Commercial (CG) (see attached) and animal boarding is not an allowed use. Mr. Johnson was planning to ask for a zone change to Rural Residential, as animal boarding would be an allowable. use under a Conditional Use Permit. This would be a lengthy and costly process for the applicant. The Commission would like a legal opinion on changing the Code to allow dog boarding under the CG zone. Also, if a Code change would not be appropriate, what would be the easiest way for the applicant to utilize his land for animal boarding and still comply with the KMC? Your advice on this matter is greatly appreciated. I~ ~ ~5~ a~~~~ti~~ ~ ~~~ G~~~ ~~ ~t~u~ ~~- •~-~ ~ U .mac ,~-~ ~, C,,~ ~ . ~2~191 ~~~ DATE: August 15, 1991 TO: Cary Graves, City Attorney FROM: Loretta Harvey, Administrative Assistant, Planning RE: DOG KENNEL/PET CREMATORIUM IN GENERAL COMMERCIAL ZONE At the Planning and Zoning Commission meeting of August 14, 1991, Mike Johnson appeared to ask direction from the Commission in utilizing his property for animal boarding. The property in question is presently zoned General Commercial (CG) (see attached) and animal boarding is not an allowed use. Mr. Johnson was planning to ask for a zone change to Rural Residential, as animal boarding would be an allowable use under a Conditional Use Permit. This would be a lengthy and costly process for the applicant. The Commission would like a legal opinion on changing the Code to allow dog boarding under the CG zone. Also, if a Code change would not be appropriate, what would be the easiest way for the applicant to utilize his land for animal boarding and still comply with the KMC? Your advice on this matter is greatly appreciated. ~~ a C. u +~ ~~ ~ ~ ~ ~"` ~. 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W / i 1. GAS ~- R R R R Planning & Zoninc Commission. Meeting Date: ~//~~~/ / ~ ~ ~~ ~ ~e n Roll rr ~~ ~`, ~aii ~ N ~ v ~~~ ~~ a~~ ~~ ~~ ~~ ~~Y '~~ ~ ~~ ~ ~~ Q~ ~~ Duane Bannock 1 a Carl Glick 1 ~ ~' Sa for Rehm 1\ ~ Kath Scott 1 Vice Chair Art Gravele 1 Chairman Phil Br son ~ ~; 1 Councilman Hal:. Smalle TO DO LIST: ~~~- ~- _~~ ~ ~~~ ~ ~ '~ ~° \ ~ ~~ ~~ ~- ---a ~~ _~ ~ G~ Ce ~-( 1