HomeMy WebLinkAbout2014-03-26 Planning & Zoning PacketPUBLISHER'S AFFIDAVIT
UNITED STATES OF AMERICA,
STATE OF ALASKA Iss:
Becky Thomas being first duly
sworn, on oath deposes and says:
That I am and was at all times here
in this affidavit mentions, Supervisor of
Legals of the Peninsula Clarion, a news-
paper of general circulation and published
at Kenai, Alaska, that the
P&Z Agenda
PO# 102399
a printed copy of which is hereto annexed was
published in said paper one each and
every day for one successive and
consecutive day in the issues on the
following dates:
March 24, 2014
SUB, qC]RTA.D AND SWORN to me before
this 25th day of March 2014
e..�.�.Q0-
NOTARY PUBLIC in favor for the
State of Alaska.
My Commission expires 27-Aug-16
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
March 26, 2014 - 7:00 P.M.
htt�://www.ci. kenai.ak. us
1. SCHEDULED PUBLIC COMMENT:
2. CONSIDERATION OF PLATS:
a. PZ14-06 — Preliminary Alaska State Land Survey No. 2012-04,
Submitted by McLane Consulting, Inc., P O Box 468,
Soldotna, AK 99669
3. PUBLIC HEARINGS:
4. UNFINISHED BUSINESS:
a. Kenai Storefront Improvement Program
b. Planning Commission Priority List
5. NEW BUSINESS:
a. Special Use Permit — Dwight Davis — A portion of Lot 1,
Block 1, Gusty Subd.
Wilma Anderson
Planning & Zoning Administration
Publish: March 24, 2014 D176/211
16 R USSR,
HOUR),
PUBLIC
OF ALQ'
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
March 26, 2014 - 7:00 p.m.
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non -controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these items
unless a Commission Member so requests, in which case the item will be removed from the Consent
Agenda and considered in its normal sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *February 26, 2014.........................................................................................................................1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
a. PZ14-06 — Preliminary Alaska State Land Survey No. 2012-04, Submitted by McLane Consulting,
Inc., P O Box 468, Soldotna, AK 99669........................................................................................5
5. PUBLIC HEARINGS: None
6. UNFINISHED BUSINESS:
a. Kenai Storefront Improvement Program .............................................. ..............9
............................
b. Planning Commission Priority List.............................................................................................19
7. NEW BUSINESS:
a. Special Use Permit — Dwight Davis — A portion of Lot 1, Block 1, Gusty Subd. .......................23
8. PENDING ITEMS: None
9. REPORTS:
a. City Council.................................................................................................................................33
b. Borough Planning........................................................................................................................37
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATIONAL ITEMS:
a. Kee's Tern Subdivision — Naming of Streets...............................................................................41
b. Ordinance No. 2734-2014 Telephonic Participation at Planning & Zoning
CommissionMeetings..................................................................................................................47
12. NEXT MEETING ATTENDANCE NOTIFICATION: April 9, 2014
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
FEBRUARY 26, 2014 — 7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff/Council Liaison present
A quorum was present.
c. Agenda Approval
J. Twait, P. Bryson, H. Knackstedt, K. Peterson,
and D. Fikes
J. Arness, G. Pettey
B. Molloy, F. Krizmanich, and S. Modigh
Twait reported the following two items administration provided as a lay down:
1 E — Excused Absences for Jake Arness and Glenese Pettey
5B — Amended Staff report for PZ14-05: Preliminary Subdivision Plat — Thompson Park Subd.,
O'Neil Addn. No. 2
MOTION:
Commissioner Knackstedt MOVED to approve the agenda including the items provided as a lay
down and Commissioner Fikes SECONDED the motion. There were no objections. SO
ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
e. *Excused Absences
Approved by the consent agenda.
*All items listed with an asterisk (*) are considered to be routine and non -controversial by
the Commission and will be approved by one motion. There will be no separate discussion
of these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2. *APPROVAL OF MINUTES— February 12, 2014
Approved by the consent agenda.
3. ELECTION OF CHAIR AND VICE CHAIR
MOTION:
Commissioner Knackstedt MOVED to nominate Twait as Chair and Commissioner Peterson
SECONDED the motion. There were no objections. SO ORDERED.
MOTION:
Commissioner Bryson MOVED to nominate Knackstedt as Vice Chair and Commissioner
Peterson SECONDED the motion. There were no objections. SO ORDERED.
4. SCHEDULED PUBLIC COMMENT— None.
5. CONSIDERATION OF PLATS
a. PZ14-04 — Preliminary Original Cook Inlet Industrial Air Park 2014 Replat and Utility
Easement Vacation, Submitted by Integrity Surveys, 820 Set Net Drive, Kenai, AK
99611.
City Planner Krizmanich reviewed the staff report included in the packet, recommending
approval with no contingencies.
MOTION:
Commissioner Knackstedt MOVED to approve Resolution No. PZ14-04, Preliminary Original
Cook Inlet Industrial Air Park 2014 Replat and Utility Easement Vacation, Submitted by Integrity
Surveys, 820 Set Net Drive, Kenai, AK 99611. Commissioner Fikes SECONDED the motion.
VOTE:
YEA: Twait, Bryson, Knackstedt, Peterson, and Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ14-05 — Preliminary Original Thompson Park Subd., O'Neil Addn. No. 2, Submitted
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 26, 2014
PAGE 2
by Survey Max, P.O. Box 983, Soldotna, AK 99669.
Krizmanich reviewed the amended staff report provided as a lay down, recommending approval
with no contingencies.
MOTION:
Commissioner Bryson MOVED to approve Resolution No. PZ14-05, Preliminary Original
Thompson Park Subdivision, O'Neil Addn. No. 2, Submitted by Survey Max, P.O. Box 983,
Soldotna, AK 99669. Commissioner Peterson SECONDED the motion.
VOTE:
YEA: Twait, Bryson, Knackstedt, Peterson, and Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS — None.
7. UNFINISHED BUSINESS — None.
8. NEW BUSINESS — None.
9. PENDING ITEMS
a. Storefront Improvement Program
City Planner Krizmanich advised the City of Soldotna began its Store Front Program a
few years ago and has been pleased with the results. Krizmanich spoke in favor of the
Program for the City of Kenai and noted he spoke with Parks & Recreation Director
Frates who advised the Beautification Committee has also expressed interest in the
Program.
The Commission requested administration query community businesses to gage interest
in the Program and report back to the commission at the second meeting in March.
The Commission noted the lack of agenda items for the first meeting in March and
possible cancellation.
10. REPORTS
a. City Council — Council Member Molloy reviewed the action taken at the February 191h
council meeting and noted the P&Z telephonic participation ordinance was postponed to
the March 5th meeting for possible amendments. Molloy advised of upcoming work
sessions Council will be conducting in the month of March.
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 26, 2014
PAGE 3
Commissioner Peterson expressed his concern with the amendments and length of time
Council is taking to consider the P&Z telephonic participation ordinance considering the
Commission provided a recommendation.
Councilor Molloy further discussed the amendment which will be before Council at the
March 5th meeting.
b. Borough Planning — Commissioner Bryson reported on the February 24th Borough
Commission meeting.
c. Administration — Krizmanich had no additional report.
11. PERSONS PRESENT NOT SCHEDULED — None.
12. INFORMATION ITEMS — None.
13. NEXT MEETING ATTENDANCE NOTIFICATION — March 12, 2014
Commission concurred to have the meeting cancelled for a lack of agenda items.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Peterson — thanked Molloy for explain of the proposed amendments to the P&Z
telephonic participation ordinance.
Commissioner Fikes — had no report.
Commissioner Knackstedt — recalled a list of priorities prior to Carvers departure and
requested to have them placed back on the agenda to ensure the items are discussed in the
future.
Commissioner Bryson — had no report.
Commissioner Twait — had no report.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:37p.m.
Minutes prepared and submitted by:
Sandra Modigh, CIVIC, City Clerk
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 26, 2014
PAGE 4
LEGEND:
SURVEYOR'S CERTIFICATE
����II
I hereby cemly that l eon PrD"dY registered and Ikansed to
0pq
► '�F' �q ��
® 9ET-SURVEY (sEE x02 ml
® PRINARYNONUMENTRECOVERED
PracBca land surveying in me State of Alaska. Oat this plat
represents a survey made by me Or under my direct supandslon,
""'
�hRP' Hy BASIS OF COORDINATES
® AOOT4PF aM STAINLESS ROD RECOVERED
that the monuments shown hereon equal exist m described, and r i ': A ,a- BM 1
�' 1t'497H
r......'..........
� SECONDARY MOxuMENTZALIW. G14IlaBSRECOVEPEO
that all dimensions and omerdelans are mrma.
.'t�sas Not. pB 1
j
O 9ECO NUMENTZALUM. GAPON K'%3V PEaAR, Regi3batlm NO, Dale:
�(
492TNIISUAVEY
_\
-Is11
® cne weu
Registered Land Surveyor1,'�`'--..
._�p► '
(REC) PLAT NO.2000172 KRD (YENAI RECORDING DISTRICT)
_ - -uFaun -D
WASTEWATER DISPOSAL
auRVEYEp
These lots are at least 200.000 swam feel or nominal 5 screl In
size and
---CENTERLINE
condoms may lad be suitable for Oneile wastewater tmatmenl and disposal. Any
-as-OAS-NE
wastewater treatment m disposal system must meet the regulatory re4uirs-ns \
'
CN UN%FExcE
HAI
of the AMska DepaRmont of Er Inum-r nlal Conservation.
'
\
CURVE TABLE
CURVE NO.
ARC LENGTH RADIUS
DELTA
CHORD BEARING
CHORD
\
C1
644.01' 2764.78'
13.2046"
NIS•4018-W
642.56
{�O
C2
341.88'
2764.78'
7.OB'33",
INS' 25' WW
344.44'
LINE TABLE
\
G7J
C3
32.18'
20.00
92-10'44"
N44.14' OYE
28.82'
LINE NO.
- DIRECTION
LENGTH
\
J� C4 i4.74'
TRACT
20.OD
42.13'33"
S89.1/'07'E
14.41'
L7 Nfi6. 59'S1'W 82.21-
exasultayesIn °°h
E PLAT KRD 2005-122°°P".e
Q
WIN
Monument Aceassory List 3W2 04
a#Ee<n Skb
01
BTM1 BID Sp- NRI 17.60 T
- La LpN
BTWL IV'0 Brrh S61•E 30,81' iR FYI sty
Poa1122 NRD
STP3 S'B BITm S18'E 23.90 4B25-S
2012
20' Pip
SKIM
Ire
TRACT F-Z
I H. 709 AC. 58
I%
GOR2 •
'�'L COR9
CREIX /
� _ Y
(20.OD R)
u114.5T A) �-
R4 - - - - -
ASS
Monument Sal to 2012-04 \
Replace
R,coVemd Reber and TR Fjdl
Aluminum Cap (4928S) 4929-S
2m2
Monumem Accessory List
BTAt 1V B Spruce S82-W 25.3'
BTA2 20" B Birm N60•E 16.6
EDa3 Shm Post 515•E 18.2'
II.i
1012
F2F
49zs
zO1
Monument Axesaory Ust
RM Nm•OS'45' W 40.OV
\ I
I
ti II
RM S89.53'21'E 40.10
TRACT F- 1
6.973 AC.
0.
Kona ,3s
TSN
e p
W
2 EAVEA LP
e This eurwy K
O V P
O
G
-- 1 '�Hwt4a0. ciryLmM-_
VICINITY MAP: USGS QUAD. KENAI C4 1986
SCALE: 1'-I MILE
mt
\ A
E E
�\T �3
�T",o_1M
PUBLIC
ACCESSPER
S`
ESMF
AS38.05.127S. BOAT ,
G� LAUNCH'•. 1
CREEK
SEE NOTE N7
n ST 21M 564.19'
2012
Monument Accessory List 11 "ED
BTit 12'B BImh N17•E 19.4' 492E
BT1T212'B elan N81•W38.3' M1
BTq 12'B Bimh NBB'W 3B4'
CORI-COR1
LAT.80'32'34.9189' N
LONG: t51.12'43.1569W ' 1
NAD83(CORS2011) '
LAT:60.32'36.974T' N
LONG: 151'iZ35.134M
NAD27
I. "' R)
'DawA Oiia'A)
caR:
- - - - - COFq
°b� 1
r.Im 11
4aza-s
anys
+
Lion-
TRACT C PLAT KRD 79-9
APPLICANTS CERTIFICATE
4sae-s
NE 1/18
}
SB
2pp5
WE, THE UNDERSIGNED, HEREBY CERTIFY THAT WE ARE THE
APPLICANTS AS SHOWN HEREON WE APPROVE THIS SURVEY
PLAT.
AOL NO.230925, TRACT F-1
PLAT APPROVAL
AND We platwasepprovedbythe KENAIPENINSULA
BOROUGH PLANNING COMMISSION in
oomdance with Senllon ZDAO 040 Kerei Pamrlsula
S b&W. Re
59
2m5
SCALE
17 1/2-
S
2
v
0
Z �
NOAA 2012
M. OOLLEEN STARRING, VICE PRESIDENT DATE u 9
1p¢ f00 30D Ion TT.
COOK INLET NATURAL GAS STORAGE ALASKA, LLC Oat,:
NOTES:
Arx IN O
15 SO 19 1st 125 MTRS.
1. THIS SURVEY WAS ACCOMPLISHED IN ACCORDANCE WITH AS , NEIER = 3.28D8333 U.S SURVEY FEET, 1 LL5. ACRE - O.40n KECTAR
98.05.810(a), PSC S12012-04. DATE SURVEY: ME OF SURVEYOR:
2. ALL BEARINGS SHOWN ARE TRUE BEARINGS AS ORIENTED TO NOTARY'S ACKNOWLEDGEMENT NOTARY'S ACKNOWLEDGEMENT
BEGINNING: 10/8/12
MdANE CONSULTING INC.
THE BASIS OF BEARING, AND DISTANCES SHOWN ARE REDUCED' SUBSCRIBED AND SWORN TO BEFORE ME THIS SUBSCRIBED AND SWORN TO. BEFORE ME THIS
TO HORIZONTAL FIELD DISTANCES. -
ENDING:-T0�557j5-
P.O. BOX 458
SOLOCTNA AK. 99669
-DAY OF ,201- DAY OF
STATE
3. THE ERROR OF CLOSURE FOR THIS SURVEY DOES NOT _ ,201-
FxcEE0lsagD. BY: BY:.
DEPARTMEN NATURAL RESOURCES
DIVISION OF MINING. LAND & WATER
4. SET FLANGED, MAGNETIZED ALUMINUM MONUMENT 3.11r CAP
ANCHORAGE, ALASKA
ATTACHED T023N' O.D. PIPE, 30' LONG WITH CARSONIIE NOTARY FOR THE A NOTARY FOR THE STATE OF ALASKA
ALASKA STATE LANDSURVEYNO. 2012-1
WITNESS POST SET ADJACENT. MY COMMISSION EXPIRES: MY COMMISSION EXPIRES:
A SUBDIVISION OF TRACT F.
5, BASIS OF BEARING FOR THIS PLAT IS THE N X. LINE BETWEEN
THE NE m CORNER AND THE Cie CORNER BEING NB9'S6'3TW
BOAT RAMP SUBDIVISION
CREATING TRACTS Fl AND F2
ACCORDING TO BOAT RAMP SUBDIVISION FILED AS PLAT NO. CERTIFICATE OF OWNERSHIP
LOCATED WITHIN SURVEYED SECTION 9,TOWNSHIP S
2(K15-122 KRD. I, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM THE DIRECTOR DIVISION OF MINING. LAND
NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA
6. BASIS OF COORDINATES FOR THIS SURVEY IS ADOTSPF SM601 AND WATER, AND THAT STATE OF ALASKA IS OWNER OF ASLS NO, 2012-04, AS SHOWN HEREON
GO CONTAINING 25.fi22 ACRES
MD2007-59 DETERMINED TO HAVE AGEODETIC POSITION OF IHEREBYAPPROVETHIS SURVEY AND PLAT FOR THE STATE OF ALASKA AND DEDICATE FOR
LAT:60.32'45.550099'N LONG: 151.1246.71771-W PUBLIC OR PRIVATE USE AS NOTED, ALL EASEMENTS, PUBLIC UTILITY AREAS, AND RIGHTS OF
RECORDING DISTRICT
NAD83(2011)EPOCH:2010 BY AN OPUS SOLUTION. WAY AS SHOWN AND DESCRIBED HEREON.
DRAWN BY: Stn
APPROVAL RECOMMENDED
7. A DO NOT DISTURS VEGETATIVE SETBACK EXISTS IN TRACT
DATE: 10/24112
F-1, 20' FROM THE ORDINARY HIGH WATERLINE OF BOAT LAUNCH DATE DIRECTOR, DIVI MINING. LAND AND WATER
STATEVODE PLATONG SUPERVISOR DA'
CREEK, PER KPB 21. 18.
SCALE:
CHECKED BY: FILE NO
EET:1 of 2
1^=100'
-- -1-
LEGEND:
® SEi THISWRVEY(SEE—T—) Kenai
® PRIMARY MONUMENT RECWEREO MN 1BIl
® TAPFSMSTAINLESSRODRECOYEREO T]N
� SECONDARY MONUMFM2'AIUM.CM 0azB8RECWERED S D
O SECONDARY MONUMENT 7 ALUM.RESARCAP CN ii'n]P
SET— URVEY
® GAS WELL
(REC) NO.MO%12]NRO INEIUI RECORdNO 018TPoci, /
--UNSURVEYEp T JS = a TaM eumY BEAVER LPA[
RVEYEO nF
.y
___�ENTE�ULE aK2S U�My EA, On fAm IUCWJNLINKFENCE OIL Low Mr. PM[Ne. 1{,C,;\ A
......... CREEK 2WS122 KRO 2012 /
NB8'17K5'E 1a08.7R
1A"-
/
a T N
RS
COR3
VICINITY AAI1P: USGS QUAD, KENAI C4 1986
II
U211IS4
Patl SepaTZ
I 18'Gae PipetWell
SCALE: 1' w 7 MILE
A
I11 \ 1
MAkI G
M60 BWMI � :: 7VeDIg0Au96a)
II
Wall Petl Sib
'
J
2
�d9e
\I E
Pipeline
Gt Pavement
`\\ \ ',
E
I
m 0 L;
3 78 Above Gmpnd Rpe
oToeef Pad �,\ I D
,o (Fill Limib) e'ADove Glountl Plpe
II WNIIpu4e NCINGSA
ATURAL GAS FellOe
20' STORAGE WELLS
&
TRACT F- 7
I
z0 rAPetine Eamt I sLa�� 6. 9 7 3 AC. 1
BK453 PG282 I I
i GfW1YJ PI I PUBLIC 100' 1
Pa ACCESS ,
I � I ESMT
PER
1 1 AS38.05.127 '
I� I ' e' ADDYo cmuntl Pipe w —r
1 Edge of Gravel Pad
6' Chain U* Fence ( 1 1
III 1
limits of ll8able Patl Area
3 \ BOAT
\\ LAUNCH
FarK:e ` CRK
�3 1 SEE NOTE A7 1
I y Toe MPad (Fill Limits)
—
NBW53'2VW 664.19' ' tl
CARe
I$89' S3' 21'E 584.19'
� CORt
2M25M 2012—Os
20'KNPL I ;I 1R agL('m2 F1 SCALE r1 c1{ ma
PPa9ne yI 50' 1W' ISO 200' FT, Fg928-S 1
2013 6 2012 ��I
NOTES:
1. THIS SURVEY WAS ACCOMPLISHED IN ACCORDANCE WITH AS
3B.05.810(e). P&C S12012,04.
2. ALL BEARINGS SHOWN ARE TRUE BEARINGS AS ORIENTED TO
THE BASIS OF BEARING, AND DISTANCES SHOWN ARE REDUCED
TO HOR20NTAL FIELD DISTANCES.
3. THE ERROR OF CLOSURE FOR THIS SURVEY DOES NOT
EXCEED 1:5000.
4. SET FLANGED, MAGNETIZED ALUMINUM MONUMENT 3.11V CAP
ATTACHED TO 23/R' O.D. PIPE. 301 LONG WITH CARSONITE
WITNESS POST SETADJACENT.
5. BASIS OF BEARING FOR THIS PLAT IS THE W. LINE BETWEEN
THE NEye CORNER AND THE CNYB CORNER BEING NW'563T'W
ACCORDING TO BOAT RAMP SUBDIVISION FILED AS PUT NO.
2DOS-122 MD.
6. BASIS OF COORDINATES FOR THIS SURVEY IS ADOT&PF BM601
KRD 2007-59 DETERMINED TO HAVE A GEODETIC POSITION OF
LAT. 6013Z SSS0099'•N LONG: 151'12'46.71771'W
NAD93(2011)EPOCH:2010 BY AN OPUS SOLUTION.
7. A DO NOT DISTURB VEGETATNE SETBACK EXISTS W TRACT
F-1, AY FROM THE ORDINARY HIGH WATER LINE OF BOAT LAUNCH
CREEK PER KIPS 21.18.
0 25 50 MTRS
1 ME— a 3.2BOB333 U.S. SURVEY FEET, 1 U.S. ACRE D4047 HECTARE
17 112.
5
f2;
Z
NOAA 2012
ADN
- PI.ND.107B
(V Pt. N5)
I
11
355°54041W ee,eq'
II
BEGINNING: 1M"" CORSULHNGINO,
ENDING: 0 8 12 P.D. BOX 468
SOLDOTNA A11L "Re"
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF MINING. LAND & WATER
BOAT RAMP SUBDIVISION
CREATING TRACTS F1 AND F2
LOCATED WITHIN SURVEYED SECTION B, TOWNSHIP 5
NORTH, RANGE 11 WEST, SEWARD MERIDIAN. ALASKA
CONTAINING 26.622 ACRES
KENAI RECORDING DISTRICT
DRAWN BY: Sm APPROVAL RECOMMENDED
DATE: 70)24H2 STATEMOE PLATRNO SWERYISOR f
SCALE: CHECKED BY: FILE NO.
2 of 2 1'=50"I ASLS 201201
9
"'Villaye witk a Past, C# wA a Future'
r ti 210 Fidalgo Avenue, Kenai, Alaska 99611-77941
Telephone: 907-283-7535 / FAX: 907-283-3014 II
- - 1992
the city 0f
NENAISNA
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Francis Krizmanich, City Planner
DATE: March 26, 2014
SUBJECT: Kenai Storefront Improvement Program
At the previous meeting with the Planning Commission on February 19, the staff
presented the Commission with information regarding the City of Soldotna's
Storefront Improvement Program (SIP). At that meeting, the Commission
requested that we contact City business owners to gauge their level of interest in
such a program. We developed a list of business owners from our water billing
records and also contacted the borough for a list of all business licenses. This effort
generated a list in excess of 1,300 businesses. We found this to be an interesting
exercise that shows an impressive number of businesses for our city; however, it
made us realize that we should focus our efforts on a more defined area of the City.
At the last meeting the Commission mentioned the idea of using some specific
street or areas such as the Kenai Spur Hwy., Willow Street and Old Town. I
discussed this idea with the City Manager and he is going to ask the City Council
for their thoughts on this approach. I think that it would be a good way to test a new
program, especially since we will be starting with a modest budget. If the Council
agrees, then we will develop a mailing list for the chosen areas.
For this work session I would like you to review the information from the Soldotna
program so that we can discuss any changes or additions that we may want to
include in our effort.
W
O(Y Of Sofdooias New
Niatehing grants fund improvements to businesses on me hipim s
Y
i �11� -
.-
Cars cress the David Dwhit Memoriol aridge fry downtown ng
Solf$ws in July 2 Highway in Soldotne has the hlgbast traffic Counts of a+,y roe i the MQnal f 010AlA, . The Starlmaking
Soldotria's downtown businesses highly visible to motorists.
By Stephanie Queen, AICP
KPB Region VP
n April 2011, the City
of Soldotna adopted a
new long-range plan,
Envision Soldotna
2030. Among the many
goals in the plan were several
directly related to creating a
more vibrant downtown,
beautifying the highway cor-
ridors, and ensuring a healthy
economy by supporting local
businesses. Like many Alas-
kan communities, Soldotna's
commercial district has
formed primarily around two
State highways which bisect
the town. `Envision' cap-
tured the community's desire
for a better first impression to
visitors, and a more vibrant
commercial core. The City
created a new Storefront Im-
provement Program (SIP), as
one effort to help achieve
these goals.
The SIP is a reimbursable
grant, which can fund up to
50% of the cost of eligible
improvements to businesses
in the target area, up to a
maximum of $5,000 per pro-
ject. The 2012 program was
limited to those businesses
located along one of the
City's two major highways,
and can fund a variety of
improvements including:
storefronts; signs and graph-
ics; windows; exterior light-
ing; canopies and awnings;
painting and masonry work;
Permanent landscaping; and
accessibility upgrades. The
SIP was designed to revital-
ize Soldotna's commercial
core by stimulating additional
Private investment in local
businesses. By partnering
W with local businesses to fund
exterior improvements, the
Program aims to boost traffic,
increase property values, and
improve the overall look of
the community.
The City began advertising
the program in January 2012,
by mailing brochures and
information directly to land
owners in the target area.
The local chamber of com-
merce also advertised the
Program in their newsletter.
The initial response to the
Program far exceeded the
City's expectations, with
many worthy projects vying
for limited funding. So, the
administration went back to
the City Council to ask for an
additional appropriation —
which was approved unani-
mously - thereby doubling
the size of the program in its
first year. The City was able
to fund six projects, ranging
from new building facades,
improved signage, and land-
scaping, with a total City
contribution of $22,000.
However, these six projects
represent over $190,000 of
improvements, a huge return
on a relatively small invest-
ment.
Continued on p. 7
■
Keep III touch with AK-A[_1A and your fellow Planners
,New chapter website
We have a new website! Our
new site is hosted by Na-
tional APA which saves AK-
APA money and time, both
of which are always in short
supply! Please check out the
new website and let us know
what you think and tell us
what kind of information
you'd like to see on the site.
It takes time to keep sites
updated, but we'll do the best
we can. Visit the site at:
1 �tt�r://vnuw. plann i n�ol��i
c!�rs/alaska/
Facebook Pape
Do you like AK-A.PA? If you
are on Facebook, please like
us and keep in touch. See
what other planners are up to,
ask for questions and advice
on tough planning issues, see
what planning -related events
are happening in and around
the state and across the
county. Search on Facebook
for Alaska Chapter of the
American Planning Asso-
ciation or click on the Face -
book link on our website.
C.fiapter Newsletter
Brag a little! Tell us what
you're doing? What have
you accomplished over the
last year? We are always
looking for articles for our
Chapter newsletter and for
Western Planner. Please feel
free to submit articles about
planning issues for considera.
tion to our newsletter editor:
y' ;Adgii fist ac i:fic.com
*cot E • • B h E • 9 E • ®• ®6 • • • ®• E • • • • • • • • • • • • • • • • • • • • • • t • • • • • • • • • • • •
t It y 0 SOMA New Storefront Improvement PVC1,01M, continued
Several of these initial pro-
jects will not be complete
until next spring, but the first
project was recently com-
pleted. It included repainting
two buildings, adding trim
and architectural details, and
replacing a non -conforming
sign with a new, conforming
one.
So far the program is work-
ing well, and the City is get-
ting ready to open the pro-
gram back up to new round
of projects. The next step is
to seek out new funding
sources or methods (rather
than simply using City gen-
eral funds), to sustain the
program and allow it to
grow. The Storefront Im-
provement Program is just
one small step towards eco-
nomic development, but for
Soldotna, it's a step in the
right direction.
This is the 'before' picture, which shows the
original sign which was nQn-conforming and
in need of some TLC.
The Sign was reduced In size to come into aonfor•
+nity, and inclwa le s new advertising copy and deco
rative pole carvers. The project also included re,
painting the building (a portion of which is visible
In this fd+oto), and adding trim around the win.
flows.
Left: gary, the property owner, was pleased with
the program, and says he would not have done the
renovation if the grant funds had not been avail,
able through the Storefront Improvement program.
River Terrace RV, 447615terling Highway, completed Fall 2012 ($5,000 grant). Project included removing
exterior point and re -painting building, adding window trim, reducing the size of the existing freestanding sign to
bring it into compliance, adding sign pole covers, and new sign graphics.
Mykel°s / 5®ldotna Inn, 35041 Kenai Spur Highway, to be completed in 2013 ($5,000 grant). Project includes
new cedar siding on entire building, to match cedar railing put in in 2011. First floor of building was completed in
201Z with second story to be completed in 2013.
The Fitness Place, 35514 Kenai Spur Highway, currently sander construction ($S,000 grant). Project includes
new siding on marquee structure, timber frame entry, and wood covers over existing support poles.
Page 11
PURPOSE
The purpose of the Storefront Improvement Program (SIP) is to revitalize Soldotna's
commercial corridors by stimulating additional private investment in our local economy. By
partnering with local business owners and lessees to share the cost of beautifying the exterior
of a business, the program aims to boost traffic, increase property values, and improve the
overall look and vitality of our city's commercial core.
The program was established to meet several goals of Envision Soldotna 2030, the City's long-
range plan, including:
- Promoting development of our "downtown area" to attract both visitors and residents;
- Encouraging redevelopment of key areas, particularly along the river and major highways;
- Ensuring a healthy economy by supporting a diversity of local businesses; and
- Improving the streetscape along the Sterling and Kenai Spur Highways.
GENERAL INFORMATION
The SIP is a reimbursement grant, which can be used for exterior improvements to businesses
in the City of Soldotna. The amount available for each property is 50% of the cost of eligible
improvements, up to a maximum of $5,000. Matching grants are paid upon completion of pre -
approved, applicant -paid work. Under no circumstance will grant funds be disbursed for work
completed before a Commitment Letter is provided. The amount of funding available for the
2013 program is $15,000, therefore the City anticipates funding anywhere from three to five
projects. Funds are limited, and grants are reviewed on a rolling basis. Applicants interested in
participating in this year's program are encouraged to contact Stephanie Queen, the program
administrator, as soon as possible to begin the process.
ELIGIBILITY
Eligible work: Rehabilitation of building facades visible to the street, including: storefronts; signs
and graphics; windows; exterior lighting; canopies and awnings; painting and masonry work;
permanent landscaping; and accessibility improvements.
Ineligible work: Funds may not be used for improvements that are not permanent or mounted
to the building, sidewalk, or parking lot. In addition, the following items are ineligible for
funding: roofs; structural foundations; security systems; interior window coverings; vinyl
awnings; personal property and equipment; sidewalks and paving (unless removing paving to
install permanent landscaping). In addition, funds may not be used for structures which are
non -conforming to current ordinances (for example a sign which exceeds the allowable height
or area), unless the funds are used to bring the structure into conformance.
Eligible participants include property owners and business lessees (with written authorization
of the property owner), located in the Commercial or Limited Commercial zoning districts.
Please contact the Planning Department to determine if your property is eligible.
City of SoIdcana, 201 < SIore Iront irnprovernent Progra-n Updaier' 12/20/2022
Page 12
Ineligible Participants:
- Properties primarily in residential use (ex. apartments or condominiums);
- Structures not facing or visible from the right-of-way;
- Government offices and agencies (non -governmental tenants are eligible);
- New construction, less than 5 years old.
APPLICATION AND SELECTION
The first step is to submit an application form to the Planning Department. The form requires a
short project description and rough cost estimate of the work you plan to do. The City will
select projects that will provide the greatest public benefit to the community, as determined by
a selection committee. The City of Soldotna reserves the right to prioritize projects and reject
applications.
To select and prioritize projects, the selection committee may consider any of the following
factors:
- Creative value of the project;
- Current condition of the building/facade;
- Code compliance issues;
- Feasibility of implementing applicant's goals within the specified budget and timeframe;
- Visibility of the proposed improvements; and
- The degree to which the project furthers the goals of Envision Soldotna 2030.
The program administrator will notify you whether your project was selected for funding. If
selected, you will solicit contractor bids, and sign a 'Letter of Commitment,' as noted below.
BIDDING
The City of Soldotna requires that you get one bid for each type of work you are doing. All
contractors must be licensed by the State of Alaska, and all construction contracts will be
between the applicant and contractor. Owner labor will not be reimbursed under the
program.
LETTER OF COMMITMENT
The next step is to submit all contractor bids to the City for final review. The contractor bids
will be considered by the City in determining the final funding amount for the project. The City
will then draft up a 'Commitment Letter,' which will outline additional terms and conditions of
the matching grant, and will serve as the legal commitment of both parties as to the scope and
quality of work, and the amount of funds committed. The Commitment letter will also set a
deadline for the project to be completed by, as agreed to by the applicant and City.
BUILD IT
After the Commitment Letter is signed by the City and applicant, proceed with construction of
your project. Please retain all invoices and. material receipts during the project, as you will
need these later when you request reimbursement. Please also remember that only those
improvements outlined in the Commitment Letter are eligible for reimbursement, so it will be
City of Soldotna, 2013 Storefront Improvement Program Updated 12/20/2012
Page 13
your responsibility to keep sufficient records, if needed, to separate out work which you may
have completed at the same time, but which was not connected to the grant.
REIMBURSEMENT OF FUNDS
Prior to reimbursement of funds, City staff will review all completed work for compliance with
the Commitment Letter. The City will verify receipts and invoices, and will issue a
reimbursement check to the owner for the amount indicated in the agreement, or 50% of the
actual project cost (if less than the amount indicated in the agreement).
The City of Soldotna has the authority to determine eligibility of proposed work and
confirmation of completed work. Certain work may be required or precluded as a condition of
funding. Participants will be responsible for obtaining necessary regulatory approvals,
including those of the Planning and Zoning or Building Departments when applicable. All work
must comply with city, state, and federal regulations.
GENERAL CONDITIONS
The following general conditions apply to all projects:
Improvements funded by the grant shall be maintained in good order for a period of at
least five (5) years; graffiti and vandalism will be dutifully repaired by the applicant during
this time period.
Borough property and sales tax must be current, and participants shall have no debts in
arrears to the City when the Commitment Letter is issued.
Eligible properties qualify for a maximum of $5,000. You may apply more than once as long
as the building doesn't exceed the maximum grant amount in a 5-year period. If a property
is sold and the new owner wishes to apply for the grant, the five-year time frame still
applies. The five-year time frame begins at the date the improvements are completed.
The applicant must complete, sign and submit a W-9 in order for disbursement of funds.
TAX INFORMATION
You are urged to consult your tax advisor concerning the taxability of grants. The City of
Soldotna is not responsible for any taxes that may be imposed as a result of your receipt of this
grant payment (directly or indirectly). Grants may be reported on IRS Form 1099. The City
requires that you complete and return a Form W-9 (Request for Taxpayer ID Number and
Certification) prior to being reimbursed.
For more information, please contact:
Stephanie Queen, Director of Planning & Community Development
(907) 714-1240 1 Squeen@ci.soldotna.ak.us.
The City of Soldotna reserves the right to make minor exceptions to the program guidelines.
Application forms are available at Soldotna City Hall or at
http://www.ci.soldotna.ak.us/storefront.html.
City of Soldotna, 2013 Storefront Improvement Program Updated 12/20/2012
Please fill in the
Applicant Name:
Mailing Address:
Phone Number:
Email:
asked for below and return to the Planning Department
Name of business to be improved:
Address of property to be improved:
Property Owner Name:
Mailing Address:
Phone Number:
Email:
Describe the improvements you plan to make to your storefront, and why you are seeking City funds for the project:
Are you planning additional improvements to the property, which you will not seek reimbursement for through this
grant? If so, please describe the total scope of work.
Estimated cost of the storefront
improvements:
Estimated cost of other work (if applicable)
Projected start date:
Estimated completion date:
Total $
Las+ modified on December 20, 2012
Page 1 or`L
Photos of your building, clearly showing all areas that will be improved.
c An illustration of the work you would like to do. Any of the following are acceptable:
o A hand drawn sketch of the front of your building (does not have to be to scale)
o A printed -out digital picture with written notes
o A photo with post -it notes attached
o An architects rendering
o Any other attachments you feel would help describe your project goals.
1. All information in this application, and all information furnished in support of this application, is given for the
purpose of obtaining up to a 50% storefront improvement reimbursement grant and is true and complete to the
best of my knowledge and belief.
2. The business and property owner(s) are current with all City obligations, including taxes, licenses, water revenue
billings, etc.
3. 1 have read and will comply with the requirements outlined in the Storefront Improvement Program Guidelines.
4. 1 understand that the City of Soldotna must approve the proposed exterior storefront improvements in orderto
be eligible for grant reimbursement funding. Certain changes or modifications may be required prior to final
approval. A Commitment of Funds Letter will not be processed prior to the City's receipt and approval of
necessary bids for the approved work. Any work commenced prior to a Commitment Letter being issued will
not be eligible for reimbursement, and any work deviating from the approved work must be pre -approved by
the City in order for the work to be eligible for reimbursement.
Applicant Signature Print Name
Date
Property Owner Signature Print Name
(if other than Applicant) Date
Stephanie Queen
Director of Planning & Community Development
Phone: 714.1240 � Email: squeen@ci.soldotna.ak.us
Las modified or December 20, 2012
Page 2 of
""Village with a Past, C# with a Fature"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794d
Telephone: 907-283-7535 / FAX: 907-283-3014
1992
tl?C GL� !7
KENAI� SKA
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Francis Krizmanich, City Planner
DATE March 26, 2014
SUBJECT: Planning Commission Priority List
The Commission requested that I look for a priority list that you prepared in
October, 2013. 1 was able to locate the attached memo.
• Implement the Comprehensive Plan.
• Complete rewrite of the Land Use Code.
• Revise the subdivision regulations to add road standards.
• Amend the sign code.
is;�rM�a64101•l1- •4117111
• Create regulations for transitional housing.
• Consider the establishment of a Storefront Improvement Program (SIP).
• Amend the zoning code for the Angler Drive and Ames Road conditional
uses.
I have been working on some of the listed items and others will take some time.
As you know, the Comprehensive Plan was nullified by a referendum last year. It is
my understanding that we cannot adopt a new Plan until one year has passed.
Until that time, we continue to conduct business according to the previous Plan.
After the year has passed the City could simply adopt the new Plan or we could
revise it to take into consideration those factors that caused it to be rejected by the
voters. My assumption at this time is that we will revise the rejected plan to make it
acceptable to the community. We will probably start that process some time near
the one year anniversary of its rejection.
A complete rewrite of the Land Use Code is a major undertaking that would be
most appropriately undertaken after a new Comprehensive Plan has been adopted.
A new Code should reflect the policies, objectives and guidelines contained in the
Comprehensive Plan.
I have not started any work on the sign code, mobile home regulations, or the
Angler Drive/Ames Road conditional uses. We will need to discuss these items so
that I may better understand your concerns.
I have prepared memorandums on transitional housing with proposed definitions
and regulations. I am waiting for comment from the City Attorney and Manager
before I present them to you.
I have prepared a memo on the SIP which we will discuss tonight.
'Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 MW
Telephone: 907-283-7535 / FAX: 907-283-3014 III)
1992
V
MEMO:
TO: Planning & Zoning Commission
FROM: Nancy Carver, Acting City Planner
DATE: October 10, 2013
SUBJECT: Planning & Zoning Commission Work Sessions
At your September 11t" Planning & Zoning meeting the Commission discussed possible
future work session meetings and requested Administration provide a list of priorities.
The following were ones that were discussed:
PLANNING
COMMISSION POSSIBLE WORK SESSIONS
Task
KMC Title 14 Amendments
Priority
Complete Rewrite
Title 14 — Planning & Zoning
Amend
KMC 14.10 Subdivision Regulations in conjunction with the
development of minimum road standards.
Amend
KMC 14.20.220 — Signs
Amend
KMC 14.20.240 — Mobile Homes
Establish
Transitional Housing (Administration to provide Comments)
11/13/13
Review/Establish
Storefront Improvement Program
i Pending
Amend
Angler Dr. & Ames Rd. — Zone change (CUP)
Implementation
2030 Comprehensive Plan
At your October 23rd meeting, rate what work sessions you believe are the most
important for the Commission to begin addressing. The Commission's recommendation
will be forwarded to Administration for review and comment.
THIS PAGE INTENTIONALLY LEFT BLANK
"Villaye with a Past, C with a Future"
9 �'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014 (III
1992
IM
MEMoo
TO: Planning & Zoning Commission
FROM: Wilma Anderson, Planning Assistant
THRU: Frances Krizmanich, City Planner
DATE: March 18, 2014
SUBJECT: Special Use Permit to Dwight Davis for a portion of Lot 1, Block 1,
Gusty Subdivision, according to Plat No. K-100
Dwight Davis has applied to the City for a Special Use Permit to lease the former
Golden Eagle Smoke Shop from the City for a coffee shop. This is the same property
where Mr. Davis currently operates the Davis and Sons BBQ. Section 14.05.010(b)(2)
of the Planning & Zoning code states that: "(b) the Commission shall act in an advisory
capacity to the Kenai City Council regarding the following matters: (2) City and airport
land lease or sale petitions.
The Planning staff notes that the property is zoned CMU, Central Mixed Use, where
restaurants are a permitted use. The staff recommends that the Planning & Zoning
Commission pass a motion in support of the Special Use Permit.
"Villaye with a Past, C# with a Fidtire"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / FAX: (907) 283-3014
www dkenai.ak.us
the ciiy o f
KENAI, ALASKA Kewi
v / AY LwICaCM
MEMO*
:41`1
TO: Mary Bondurant, Airport Manager
Francis Krizmanich, City Planner
FROM: Christine Cunningham, Assistant to the City Managerr"
THROUGH: Rick Koch, City Manager
DATE: March 18, 2014
SUBJECT: Special Use Permit to Dwight Davis for a portion of Lot 1, Block 1,
Gusty Subdivision, according to Plat No. K-100
The purpose of this memo is to provide information in support of the attached Special Use
Permit (Permit) to Dwight Davis for operation of a coffee shop on a portion of the above -
referenced City -owned property. The property is located within the Airport Reserve and
pursuant to KMC 21.10.180, the City Manager may, without subjecting the property to
appraisal or competitive process, grant a permit for the temporary use of real property not
to exceed one year and for any purpose not in conflict with the zoning of the land.
Mr. Davis has operated Davis and Son's Pit BBQ, a food -to -go barbeque style restaurant
adjacent to the premises, since 2008. He had operated under a sublease granted by Sun
Sims until 2014, when the City terminated its Lease with Ms. Sims and granted Mr. Davis a
Special Use Permit that would allow him to continue to operate his business on City
property. Mr. Davis wishes to renovate the former Golden Eagle Smoke Shop building for
use as a drive -up coffee shop and enter into a Special Use Permit with the City for one
year. Mr. Davis is in compliance with the City and the Borough.
Please schedule the Special Use Permit for review and comment at the next meeting of
the Airport Commission and Planning & Zoning Commission.
cc: Dwight Davis, Davis and Son's Pit BBQ, Inc.
Attachments
coffee shop letter
To whom it may concern,
With new ownership the golden eagle smoke shop located at 11440 Kenai Spur
Hwy lot 1 block 1 Gusty Subdivision Kenai Alaska 99611 will be established into a
coffee shop.We will need to have the proper sink systems and windows installed for
drive up service in the building to ensure the buisness to run properly and
efficently.
Page 1
SPECIAL USE PERMIT
THE CITY OF KENAI (City), a Home Rule Municipal Corporation, whose address is 210
Fidalgo Avenue, Kenai, Alaska, 99611 for the consideration, and pursuant to the conditions and
requirements set forth below, hereby grants the right to use the. Premises identified below for the
purposes specified herein,. to D'WIGHT DAVIS, (Permittee) whose address is 50.88 .Beaver
Loop Road, 41, Kenai, Alaska 99611:
1 Term. Permittee shall have a non-exclusive right to use the Premises consistent with this
permit, to commence on April 16, 2014, and to end on April 15, 2015.
Z. Premises. The Premises subject to this Permit is a portion of Lot 1, Block 1, Gusty
Subdivision, according to Plat No K-1700, more specifically identified in Exhibit A.
3. Use. The permitted use authorized by this Permit isto operate a coffee shop business.
The use of the Premises pursuant to this Permit is limited to the purposes specified. This use is.
also subject to the administrative actions of the City of Kenai for public safety and the protection
of maintenance of Premises and of adjacent and contiguous lands or facilities.
4. Licenses and Permits. Pennittee shall obtain and maintain all required federal; state,
and local licenses, permits, certificates, and other documents required for its operations under the
Permit. Permittee shall provide proof of compliance to the City upon request by the City.
5. No Exclusivity. The use by the Permittee of the Premises is limited to the uses and
purposes specified herein and the Permits is not intended to grant any exclusive use to the
described Premises except as otherwise provided herein.
6. Improvements. .Improvements must be removed from the premises upon termination of
the authorized use and purpose specified herein. Any improvements remaining after such
authorized use has ceased shall either become property of the City or be removed by the City, at
the City's sole option. Permittee agrees to pay all reasonable removal costs incurred by the City
within 30 days of being invoiced.
7 Permit Fees, Permittee shall pay a monthly fee of $612.50, The fee shall be due on. or
before the first day of each month beginning April 1, 2014.
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, 210 Fidalgo Ave., Kenai, Alaska
99b11.
Permittee further agrees to pay all applicable sales tax, (sales tax is not included in the fee rates)
and to pay to the appropriate parties all levies, assessments; and charges as hereinafter provided
or as may become due otherwise, including but not limited to any amounts due from Permittee
and owed to the City under any other agreement or permit now.existing or later issued and sales
tax now enforced or levied in the future and computed upon fees due, with sales tax due in
monthly installments at the same time Permit Fees are due.
Permittee shall pay and be liable for interest at the rate of eight percent (8%) per annum and
penalties of ten percent (10%) of the amount due, on any amount of money owed under this
Permit which is not paid on or before the date it becomes due,
8. Security Deposit. Prior to occupation of the premises a $612.00 security deposit is
required. The deposit will be used by the City to remedy any late.payments, property damage, or
other costs incurred due to the failure of the Permittee to comply with. the Permit terms and
otherwise will be until and if the premises is vacated by the Permittee in full compliance
will all of the terms of the Permit..
9. Insurance. Permittee, at the expense of the Permittee, shall provide .insurance covering
its activities on and/or in any way arising out of its use of the Premises. Permittee shall provide
insurance coverage of the following types and minimum coverage limits. If Permittee's
policy(ies) contain(s) higher limits, the City shall be entitled to coverage to the extent. of the
higher limits;
Commercial General Liability including premises, all operations, property damage, personal
injury and death, broad -form contractual, with a per -occurrence limit of not less than $1,000,000
combined single limit.
Commercial Automobile Coverage with not less than $1,000000 combined single limit per
occurrence. This insurance must cover all owned, hired, and non -owned motor vehicles the
lessee uses.
Workers' Compensation Insurance for all Permittee's employees, coverage as required under
AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive
subrogation against the City.
Products and Completed Operations Liability Insurance. Permittee shall provide Products
and Completed Operations Liability Insurance in at least the following coverage limits:
• $100,000 bodily injury combined single limit per occurrence;
• $300,000 bodily injury aggregate; and,
$100,000 property damage combined single limit per occurrence.
All of the policies .required above shall be issued by a company/corporation currently rated "A
"or better by A.M. Best. 1.
With respect to the policies of insurance listed above, Pennittee shall provide the City with proof
of insurance coverage in the form of an insurance policy or a certificate of insurance, together
with proof that the premiums have been paid, showing the types and monetary limits of coverage
secured. Permittee shall provide this proof of insurance to the City (attention to the City
Manager) prior to beginning. any activities on the Premises. All insurance must provide that the
City be notified at least 30 days prior to any termination, cancellation, or material change in the
insurance coverage. All policies shall name the City as an additional insured,
If Permittee subcontracts any work on the Premises, all of its subcontractors shall be subject to
the same insurance requirements. Permittee shall identify its subcontracts and provide the same
evidence of insurance coverage to the City prior to the subcontractor performing work.
10. INDEMNITY, DEFEND, AND HOLD :HARMLESS. AGREEMENT. Permittee
agrees to fully indemnify, defend, and save harmless, the City of Kenai, its officers, agents,
employees, and volunteers .from and against all actions, damages, costs, liability, claims, losses,
judgments, penalties, and expenses of every type and description, including any fees and/or costs
reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses
incurred in enforcing this provision. (hereafter collectively referred to as "Liabilities-'), to which
any or all of them maybe subjected, to the extent such Liabilities are caused by or result from
any breach of this Permit or from any negligent act or omission or willful misconduct of the
Permittee in connection with its use of the Premises and its activities thereon,
11. Assignment. Permittee may not assign, by grant or implication; the whole or any part of
this Permit, the Premises, or any improvement on the Premises without the written consent of the
City. Unless the City specifically releases the Permittee in writing, the City may hold the
Permittee responsible for performing, any obligation under this Permit which an. assignee fails to
perform.
12. Permittee's Obligation to Prevent and Remove Liens. Permittee will not permit any
liens including, but not limited to, mechanics',. laborers; material men's, or mining liens or any
other liens obtainable or available under existing law, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Permittee or to any related
entity or claimed to have been furnished to Permittee or to the Permittee's agents, contractors, or
related entities, in connection with materials supplied to Permittee for its activities on the
Premises and/or in connection with work of any character performed or claimed to have been
performed on the Premises or improvements by or at the direction or sufferance of Permittee.
Provided, however, the Permittee 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. Upon a final
determination of the lien or claim for lien, the Permittee will immediately pay any judgment
rendered with all proper costs and charges and shall have such lien released or judgment satisfied
at Permittee's own expense.
13. Mutual Cancellation. This permit maybe. cancelled in whole or in part by either party
with one (1) calendar month written notice. In the event that the Peririit is cancelled by City, or
upon the Permittee's abandonment of the Premises or a portion of the Premises, the City or its.
agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume
possession of the Premises or portion thereof, and remove all persons and property therefrom,
without being liable for any damages to Permittee.
14. No Alcohol. No possession or consumption of alcoholic beverages is permitted on the
Premises.
15. No Joint, Venture. The City. shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises
16. Personalty. Any or all personal property placed or used upon lands or in facilities
may be removed and/or impounded by the City, and when so removed and/or impounded, such
property may be redeemed by the owner thereof only upon the payment to the City of the costs
of removal plus its storage charges. The City of Kenai is not responsible for any damage to or
theft of any personalty of Permittee or its invitees to the Premises.
17. Assumption of Risk. Permittee will provide all proper safeguards and shall
assumeall risks incurred in its use of the Premises.
18. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and
requirements herein contained, or referred to, shall not constitute or be construed as a waiver or
relinquishment of the right to exercise such terms, conditions, or requirements.
191. No Discrimination, Permittee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or. sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or State
law. Permittee recognizes the right of the City to take any action necessary to enforce this
requirement.
20. Payment of City's Costs. Permittee will pay all reasonable actual expenses, costs, and
actual attorney fees City may incur, with or without formal action, to enforce, defend; or protect
the City's property interest in the Premises and the. City's rights under this Permit,, including any
expense incurred with respect to environmental compliance, bankruptcy, liens, or any
proceeding that involves the Permit, the Premises, or improvements or personal property on the
Premises. Permittee will make payment within 30 days of the date of each notice from City of
any amounts payable under this provision..
21; Contact Information. The Contact information for the Permittee, :and the person
in responsible charge for Permittee during the term of the Permit, for purposes of
notice and all communications from City to Permittee is:
Dwight Davis
5088 Beaver Loop Road #1
Kenai, AK 99611
Message Phone: 907.351.9243
The Contact information for the City, and the person in responsible charge for Permittee during
the term of the Permit, for purposes of notice and all communications from Permittee to the City
is:
City Manager
21'0 Fidalgo Avenue
Kenai, AK 99611
Phone: 907.283.8223
Fax: 907.283.3014
Email: rkoch@ci.kenai.ak.us
22. Authority. By signing this Permit, Permittee represents that it has read this agreement
and it 'agrees to be bound by the terms and conditions herein and that the person signing this
Permit is duly authorized by the organization to bind the organization hereunder..
23. Survival. The obligations and duties of Permittee under. paragraphs 9, 10, 11,16 and 19
of this permit shall survive the cancellation, termination or expiration of this permit.
24. Utilities. Permittee shall be responsible for all utility costs including but not limited to
initiation, service, hookups, fees, and repairs.
25. Aircraft Operations Protected. Permittee agree not to .make any use of said property in
any manner that will interfere with airport operations, including but not limited to interference
with landing and takeoffs of air craft from or to the Kenai Airport.
26. 'Underlying Title. This Permit and its associated rights are further subject to any and all
reservations, covenants; terms; or conditions contained in the instruments conveying title or other
interests to the City, including but not limited to the Quit Claim Deed recorded on March 13,.
1964 at Book 7 Page 303 Kenai Recording District attached hereto.
CITY OF KENAI
By:
Rick K. Koch
City Manager
DWIGHT DAVIS
91
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT
Dwight Davis, Owner
The foregoing instrumentwas acknowledged before me this _ day of , 2014,.by
Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the
City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this _ day of ; 2014, by
Dwight Davis.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
Scott Bloom
City Attorney
i
,dri3
Owo ,
JO\ �-4 •
c'txi
>°
o
J OD •0 H
Y F
c
0 0 , • a,
�� A Qd;
yw Au
CO)�!
O �i
ti
. ? sO
�l
,� Q' lab ti 4 i`
Doi ti / of ti 20Ss a �!
,1 al' �A rr V ti 41
.co O Y 7
ti .gy 001.
S 0
• c„
4.
4
ce
9'o 30,0.0
4'
v
$ roHcn 9 ��-+4
y tl cFi 9 e' O Ts2
x 14
docro
HH Ht+i I
C �
� •• O bd :ct ���
z��
ox
ACTION AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MARCH 19, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
httr)://www.ci.kenai.ak.us
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker,
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will
be no separate discussion of these items unless a council member so
requests, in which case the item will be removed from the consent agenda
and considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. Bob Myles, Kenai Resident — Veteran's Memorial at Leif Hansen Memorial
Park.
2. Bruce Friend, South Beach Waterfront Landowners Coalition — South
Beach Access for Kenai Personal Use Dipnet Fishery.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker, thirty
(30) minutes aggregated)
1. ENACTED UNANIMOUSLY. Ordinance No. 2742-2014 — Appropriating a
State of Alaska Municipal Matching Grant and Required Local Match for the
Replacement of a Failing 12" Asbestos/Concrete Water Main.
2. ADOPTED UNANIMOUSLY. Resolution No. 2014-19 — Authorizing the Use
of the Equipment Replacement Fund to Purchase a Loader.
3. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2014-20 —
Recommending that the Alaska Department of Natural Resources Seasonally
Close Vehicular Access on a Portion of the Section Line Easement Accessing
the City's South Beach to the North of Dunes Road.
4. ADOPTED UNANIMOUSLY. Resolution No. 2014-21 — Awarding an
Agreement for the Design of a New Reservoir and Replacement of a Water
Main.
E. MINUTES
1. APPROVED BY CONSENT AGENDA. *Work Session Meeting Notes of
March 4, 2014
2. APPROVED BY CONSENT AGENDA. *Regular Meeting of March 5, 2014
3. APPROVED BY CONSENT AGENDA. *Special Meeting of March 6, 2014
4. APPROVED BY CONSENT AGENDA. *Special Meeting of March 10, 2014
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY CONSENT AGENDA. *Action/Approval — Bills to be
Ratified
2. APPROVED BY CONSENT AGENDA. *Action/Approval — Purchase
Orders Exceeding $15,000
3. INTRODUCED ON THE CONSENT AGENDA/PUBLIC HEARING SET FOR
APRIL 2ND. *Ordinance No. 2743-2014 — Amending KMC 14.20.290-
Appeals-Board of Adjustment, to Require Board Members to be Physically
Present at Board of Adjustment Hearings in Order to Participate in Rendering
a Decision or Voting on the Appeal.
4. INTRODUCED ON THE CONSENT AGENDA/PUBLIC HEARING SET FOR
APRIL 2ND. *Ordinance No. 2744-2014 — Enacting KMC 13.20.035-
Camping, Fires and Other Activities on City Beaches, to Delineate an Area on
the South Beach Where Camping, Fires and Parking is Not Permitted.
5. MAYOR NOMINATED NATE KIEL. Action/Approval — Mayoral Nomination
and Council Confirmation of Appointing an Applicant to the Planning and
Zoning Commission.
6. APPROVED UNANIMOUSLY. Action/Approval — Mayoral Nomination and
Council Confirmation of Reappointing Peggy Baxter to the Beautification
Committee.
7. RESCHEDULED TO MAY 20rH. Action/Approval —Reschedule the May 21,
2014 City Council Meeting.
8. DONATION OF $250 APPROVED UNANIMOUSLY. Discussion/Action —
Donation for Kenai Peninsula Hockey Association U16 Girls Hockey Team to
Participate in Nationals.
City of Kenai Council Meeting Agenda Page 2 of 3
March 19, 2014
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION — None Scheduled.
M. PENDING ITEMS — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Kenai River Special Management Area Advisory Board Meeting Minutes of
February 20, 2014.
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City
Clerk's Office or outside the Council Chamber prior to the meeting. For additional
information, please contact the City Clerk's Office at 907-283-8231,
City of Kenai Council Meeting Agenda Page 3 of 3
March 19, 2014
THIS PAGE INTENTIONALLY LEFT BLANK
"20
MEMBERS:
Paulette Bokenko-
Carluccio
City of Seldovia
Term Expires 2015
Sandra Holsten
East Peninsula
Term Expires 2016
Harry Lockwood
Ridgeway
Term Expires 2016
Robert Ruffner
Clam Gulch/Kasilof
Term Expires 2015
ALTERNATES:
Mari Anne Gross
Southwest Borough
Term Expires 2014
James Isham
Sterling
Term Expires 2015
Jason Tauriainen
Northwest Borough
Term Expires 2014
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. March 24, 2014
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. March 10, 2014 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker
unless previous arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Seater View Subdivision............................................................................I
KPB File 2009-085 [Integrity/Seater]
Location: North of Kenai Spur Hwy in Nikiski
Postponed from September 13, 2010 Mtg.
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
NEW LOCATION FOR THIS MEETING ONLY
The next regularly scheduled Plat Committee meeting will be held Monday, April 14,
2014 in the Quarterdeck Room of Lands End Resort, 4786 Homer Spit Road, Homer,
Alaska at 144 North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone:907-714-2215 Fax:907-714-2378
Phone: toll free within the Borough 1-800-478-4441, extension 2215
e-mail address: plan ningCdborough.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
n
Philip Bryson
Chairman
Kenai City
Term Expires 2016
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2015
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchik
Term Expires 2016
Cindy Ecklund
PC Member
City of Seward
Term Expires 2014
Dr. Rick Foster
Parliamentarian
Homer City
Term Expires 2016
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2014
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2016
James ]sham
PC Member
Sterling
Term Expires 2015
Harry Lockwood
PC Member
Ridgeway
Term Expires 2016
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2015
Paul Whitney
PC Member
City of Soldotna
Term Expires 2014
Robert Ruffner
PC Member
Kasi]of/Clam Gulch
Term Expires 2015
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
Mach 24, 2014 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are
considered routine and non -controversial by the Planning Commission and will be approved by one
motion. There will be no separate discussion of consent agenda items unless a Planning
Commissioner so requests in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public
hearing, please advise the recording secretary before the meeting begins, and she will inform the
Chairman of your wish to comment.
*1. Time Extension Request - None
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ..............
*4. Plats Granted Final Approval (20.04.070) - None
*5. Plat Amendment Request- None
*6. Commissioner Excused Absences
a. JoAnne Collins, Anchor Point / Ninilchik
b. Blair Martin, Kalifornsky Beach
*7. Minutes
a. March 10, 2014 Plat Committee Minutes
..............1
b. February 24, 2014 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
previous arrangements are made.
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS - None
G. ANADROMOUS WATERS HABITAT PROTECTION (KPB 21.18)
1. Resolution 2014-02; Public notice is hereby given that .................
an application for a conditional use permit has been received to
construct a 150-foot long by 6-foot tall chain -link fence, a portion
.. 5
0
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2014
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
of which is within the 50-foot Habitat Protection District of the
Kenai River. The activity under consideration is described as
follows: Request and Location: A Conditional Use Permit
application has been received pursuant to KPB 21.18.081 to
construct a 6-foot tall chain -link fence perpendicular to the Kenai
River at the western property boundary of Swiftwater Park. The
fence will begin at the ordinary high water mark of the Kenai
River and extend landward 150 feet. This project is located on
the right bank of the Kenai River at river mile 23, on Govt Lot 12,
within Swiftwater Park, Section 33, TSN, R10W, SM, AK, (KPB
Parcel I.D:060-330-16. Petitioner: City of Soldotna, 177 N. Birch
Street, Soldotna, AK 99669
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Plat Waiver Application: NE1/4 NE1/4 Sec. 26............................
T01S R12W
KPB File 2014-029 KPB PC Resolution 2014-04
Location: Caribou Hills
Applicant: Richard Bagley, Todd Paxton and Shawn Friendshuh
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 1 preliminary plats
K. OTHER/NEW BUSINESS
1. Planning Commission Training
- "Informed Decision: A Guide to Gathering Facts and Evidence"
2. New Plat Committee (April , May & June 2014)
5 Members / 2 Alternates
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning Commission Meeting Minutes .............
- January 22, 2014
2. Seward Planning Commission Meeting Minutes ......................................
- January 7, 2014
26
38
44
E
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
NEW LOCATION FOR THIS MEETING ONLY
The next regularly scheduled Planning Commission meeting will be held Monday, April 14,
2014 in the Quarterdeck Room of Land's End Resort, 4786 Homer Spit Road, Homer, Alaska
at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory
Meeting Location
Date
Time
Commission
Anchor Point
Anchor Point
Chamber of Commerce
March 18, 2014
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
April 9, 2014
6:00 p.m.
Hope / Sunrise
Hope Social Hall
April 10, 2014
7:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning .borough.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
"Villaye with a Past, C# with a Future
'-� 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
\� II
��flre Gt o f 1992
KENAI, ALASKA
MEMO:
TO: Planning & Zoning Commission
FROM: Wilma Anderson, Planning Assistant
THRU: Francis Krizmanich, City Planner
DATE: March 17, 2014
SUBJECT: Kee's Tern Subdivision — Naming of Streets
On March 6, 2014, the City of Kenai was contacted by the property owner inquiring as
to what the City needed to satisfy Paragraph 9(a)(6) of Resolution PZ13-41 which
required the applicant to work with the City and Borough when designating street
names. I contacted Carrie Henson at the Kenai Peninsula Borough to verify the names
of the streets that the Kenai Peninsula Borough was recommending for Kee's Tern
Subdivision. The proposed names are as follows:
Phillips Drive would continue into Kee's Tern Subdivision;
Standard Drive would continue into Kee's Tern Subdivision. The cul de sac at the end of
Standard Drive would be named Standard Court; and
The road that lies closest to the Kenai Spur Highway would be the only street for which
a new name would have to be created. The property owner requested KEE's Tern Way;
however, Kenai Peninsula Borough Code states that a "way" means a short connecting
street between two dedicated rights -of -way. Since this description is not applicable to
this street, the Kenai Peninsula Borough is recommending that the street be named
Kees Tern Drive and not KEE's Tern Way. According to Carrie at the Kenai Peninsula
Borough, the property owner may petition the City of Kenai for the suffix "way" as they
felt strongly about the street being named KEE's Tern Way. The Kenai Peninsula
Borough does not allow apostrophe's to be used as the 9-1-1 system database does not
recognize an apostrophe so KEE's Tern Drive would have to be Kees Tern Drive.
Administration has contacted the Kenai Peninsula Borough to advise them that we
support the recommendations that the Borough has made pertaining to the naming of
the streets within Kee's Tern Subdivision.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
AMENDED RESOLUTION NO. PZ13-41
Ike a"�yof SUBDIVISION PLAT
KENAI, SKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai
Planning and Zoning Commission on December 11, 2013, and received from Segesser Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions.
2. Water and sewer: Not available.
Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the referenced
property.
4. Installation agreement will be required if lots are sold prior to construction of all required
improvements. -
5. Status of surrounding land is shown.
6. Utility easements must be shown on the final plat.
7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create
nor increase the encroachment.
8. Receive approval from the Kenai Peninsula Borough on exception to requirements in KP13
20.20.200 referencing Street names.
9. CONTINGENCIES:
a. See Page 2.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE KEE'S TERN SUBDIVISION SUBJECT
TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY HX PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, Dckemher 11 2013.
CHAIRPERS
A
PZ13-41 Amended Resolution
Page 2
Recommend approval of the revised preliminary plat subject to the following:
1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all
required improvements an installation agreement will be required.
2. Roads must be constructed to standards per plat notes prior to final plat unless
and installation agreement is in place.
3. Road design must be stamped by an engineer licensed in the State of Alaska.
4. Signage including but not limited to stop signs, speed limit signs and street
signs.
5. As -built drawings prepared by the design engineer responsible for observation
must be submitted to the City in both paper and digital format (Adobe &
AutoCAD).
6. Surveyor and property owner must work with the City of Kenai and the Kenai
Peninsula Borough when designating street names to ensure names meet City
and Borough regulations.
7. City must be notified if gates are intended to be placed on the road way and
approve plan for gates that assure adequate emergency vehicle access.
8. Homeowners Association must be formed by developer and approved by the
City of Kenai Planning & Zoning Commission prior to plat being finalized.
9. Receive approval from the Kenai Peninsula Borough on exception to
requirements in KPB 20.20.180 and 20.20.200.
10. City requests opportunity to consider and comment on any new changes and/or
additions added to plat.
11. The following plat notes must be sufficiently modified as follows:
a. Plat Note 2. States "Tract A is a parcel whose use and access is limited
solely to the owners of ..." This entails that others; mail carriers,
guests, utility companies, etc. (anyone who is not an owner or
emergency service vehicle) cannot use and access. Should be revised
to reflect that use is limited for benefit of lot owners as provided in
Plat Note 5.
b. Plat Note 2 needs to be revised as to correct either punctuation or add
words in the following "and to the mandatory payment of assessment,
insurance dues."
c. Plat Note 3 should explain/clarify who responsible for the prior review
of site plans and construction other than City code enforcement
(building/zoning code).
d. Plat Note 5. Replace last sentence with "Roadways constructed to
Kenai Peninsula Borough Category III standards do not meet minimum
standards required by City of Kenai and therefore if at any future time
the City takes over ownership and/or maintenance responsibilities of
roadways within the subdivision roadways will have to be improved to
meet City of Kenai Standards in effect at time of acceptance. The cost
of roadway improvements to meet City of Kenai standards will be
borne by property owners in the subdivision by assessment without
further approval required.
12. Pursuant to KMC 14.10.090, recommend City Council approve exception to
KMC 14.10.070(e)(3) and KMC 14.24.020 which require all lots in this
zoning district to have a minimum width of 90 feet and Tract A is only 60 feet
PZ13-41 Amended Resolution
Page 3
based on the following: allowing Tract A to have a width of 60 feet allows
reasonable development of the subdivision given that Tract A is intended to be
used for roadway purposes only and such an exception preserves public
welfare and interests of the City and the general intent and spirit of the City's
subdivision regulations.
i°V v � m
a 6
"+sr-'±!3
$ oia; s. .8
Basis of Bearing O
s ., 'go
a; I7�a 5
3 ,
3 B& °o •O a °w `v
$ill
R
(SOOW'30i) 1sA.H'
—
N. Fern St.01
����
3 a
—
:.•fie@e� e?.'S e a
� \
/�/
e
fla
6 a
Oil!g
yrdS " \ o \°, �
2 0
^ rn
\
gR �g
��\" � O \ W
�
,•,, 5. � M.00•00.00N
c
1
0
L�0
N \ Sy 9yL 1�
i
yes
�
Phillips Dr.
c°h«
—I— T' J\
Y
W_ I°r
..
W
P
V I Of
M
Standard Dr.
T- -T
V
O1 I o_ 1
o
!�
6LLt
w
O
� i d
L€ (7
0
$
$®A
0
M
Sj
b
3
1.141
ANM-pool
i
SEEN
THIS PAGE INTENTIONALLY LEFT BLANK
MY
Suggested by: Mayor Porter
CITY OF KENAI
ORDINANCE NO. 2734-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 14.25.025-TELEPHONIC PARTICIPATION AT PLANNING AND ZONING
MEETINGS, TO ALLOW FOR LIMITED TELEPHONIC PARTICIPATION AT PLANNING
AND ZONING COMMISSION MEETINGS BY COMMISSIONERS.
WHEREAS, City Council Members may participatetelephonically at Council Meetings
pursuant to KMC 1.15.130-Telephonic participation; and,
WHEREAS, the Planning and Zoning Commission is the only body of the City other
than the City Council that regularly meets twice a month; and,
WHEREAS, allowing Planning and Zoning Commissioners to participate telephonically
at Planning and Zoning Commission Meetings similar to what is allowed for Council
Members may ease the burden of service for Commissioners and encourage greater
participation at meetings without detracting materially from the process; and,
WHEREAS, at the regular Planning and Zoning Commission meeting of February 12,
2014, the Planning and Zoning Commission recommended the City Council amend
and pass Ordinance 2734-2014.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA
Section 1. Form: That this is.a Code ordinance.
Section 2. Enactment of Section 14.05.025 of the Kenai Muni ci aI Code: That Kenai
Municipal Code, Section 14.05.025-Telephonic Participation at Planning and Zoning
Commission Meetings, is hereby enacted as follows:
14.05.025 Telephonic Participation at Planning and Zoning Commission
Meetings.
a) Except as otherwise provided in subsection fe►, if at least a auorum is ohvsicall
present at a Commission meeting, other commissioners may participate via telephone
in the Commission meeting,, if the commissioner declares that circumstances prevent
phvsical attendance at the meetine. If the chair chooses to participate via telephone,
the vice -chair shall preside.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2734-2014
Page 2 of 3
(b) No more than the first two (2) commissioners to contact the Clerk's office
regarding telephonic participation in a particular meeting may participate via
telephone at any one (1) meeting.
(c) The commissioner shall notify the Clerk's office in writing as soon as reasonably
practical, but not less than six 6 hours prior to the start of the Commission meetin
that the member proposes to attend by telephone. Such notification shall state
whether such telephonic participation is pursuant to subsection n) or (o), and shall
provide the physical address of the location the telephone number, and any available
facsimile, email, or other document transmission service. Failure to provide the
notification within the period of time provided herein shall result in the member's
exclusion from attendance of a Commission meeting through telephonic participation.
The Clerk or designee shall notify all Commission members of the request.
(d) At the meeting, the Clerk or designee shall establish the telephone connection
when the call to order is imminent.
iel A_ commissioner participating by telephone shall be counted as present for
purposes of discussion and voting except for matters and agenda items appealable to
the Board of Adjustment.
th _ The commissioner participating by telephone shall make every effort to
participate in the entire _meeting,:._ From time to time during the meeting, the presiding
officer shall confirm the connection.
(g) The commissioner participating by telephone may ask to be recognized by the
.presiding. officer to the same extent as any other member except for matters and
agenda items appealable to the Board of Adjustment.
(h) To the extent reasonably practicable, the Clerk or designee shall provide backup
materials to commissioners participating bar telephone.
(i) ... If the telephone connection cannot be made or is made and then lost, the
meeting shall commence or continue as scheduled and the Clerk or designee shall
attempt to establish or restore the connection.
(il Meeting times shall be expressed in Alaska time regardless of the time at the
location of any commissioner participating by telephone.
(k] Participation by telephone shall be allowed for regular, special and work session
meetings of the Commission.
(1) Remarks by commissioners participating by telephone shall be transmitted so
as to be audible by all members and the public in attendance at the meeting, provided
that in executive session the remarks shall be audible only to those included in the
executive session.
(m) As used in these rules "telephone" means any system for synchronous two (2)
way voice communication. "Chair" includes the Vice -Chair or any other commissioner
serving as chair pro tempore.
(n) Each commissioner may attend a maximum of two (2) meetings by
teleconference during the twelve (12) month calendar year.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2734-2014
Page 3 of 3
(o) A commissioner may attend an additional two (2) meetings by teleconference
during the twelve 12 month calendar year if the member declares that he or she is
physically unable to attend the meeting due to the need for extended medical care and
treatment of the member or member's immediate family.
(n) In this section, "immediate family" means the spouse of the person; another
person cohabitating with the person in a conjugal relationship that is not a legal
marriage, a child (including a stepchild or foster child) of the person, a parent sibling,
grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation: to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070{fl, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of March,
2014.
PAt PORTER, MAYOR
A
7,/,lb
S drj Modigh, Clerk
Introduced: January 2, 2014
Adopted: March 5, 2014
Effective: April 5, 2014
New Text Underlined;. [DELETED TEXT BRACKETED)
THIS PAGE INTENTIONALLY LEFT BLANK
� 2b r\�
{ f
o-ll 7�) 0 rd-e o#,
&tYN -sz� Voon 0at— PzCt��IFj-�z4 -- /0�
"y Z-M 56�
Otpr,4-VCA-P 70" 4t-j�" ,Wo-i,,eJ
J l.Jri'�• � ��
, f
oat
To,"Uv%
C*
1
` A
rl�
r
r7-n7 �O.' 0
19&1,- AAd 4✓
ad, 11 W'j 0 //)��
LL
O
0
z
W
W
2
z
O
N
O
0
_z
z
O
06
z
z
z
a
(a -
fir•
z<U)U)U)
w
z
w—cn
O
Ycnw
0WW
W
Q
Q
z
H
LL
F-
coY
Q
d
loll
.-Ij