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Home My WebLink About2009-04-22 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Apri122, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. nExcused Absences - Coxnznissioner Wells *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. *April 8, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ09-13 (Revised) -- Kenai Cemetery IJxpansion (A replat of Government Lots 123, 173 & 174.) Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: (Testimony limited io 3 minutes per speaker.} a. PZ09-19 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the following sections of Kenai Municipal Code by amended: 1}KMC 14.25.040{b) by requiring asix-foot high wooden fence or masonry wall be constructed to shield between residential and commercial uses; 2) KMC 14.25.045 by providing that property adjacent to residential zones should provide ingress and egress to route traffic away from residential streets and providing that some development may be required to provide frontal roads; and 3) KMC 14.25.070 6y providing a mechanism to apply for variances. 6. PZ09-20 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to: 1) change the uses of personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries from principal permitted uses (F) to conditional uses (C) in the Limited Commercial Zone (LC); 2) change mobile home parks from conditional use (C) to not permitted {N) in the Limited Commercial Zane (LC); 3) change automotive repair from not permitted (N) to conditional use {C) in the Limited Commercial Zone (LC); 4) adding language to footnote 25 to clarify that tattoo parlors are personal services; and; 5) requiring tattoo parlors to have a conditional use permit in Agenda Page 2 Apri122, 2009 the Townsite Historic Zoning District (TSH} 6. OLD BUSINESS; 7. NEW BUSINESS: a. '~PZ09-21 -Application for a home occupation permit for a daycare for the property known as Lot S, Bloclc 2 Sungate Park Subdivision {640 Tern Place), Kenai, Alaska. Application submitted by Laslie Cottrell, b40 Tern Place, Kenai, Alaska. S, PENDING ITEMS: a. PZ09-03 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a process for the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide that communications towerslantennas are a conditional use in the CMU zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration ~ MAPS Special Zone District Questions 10. PERSONS PRESENT NOT SCHEDULED; (3 Minutes) 11. INFORMATION ITEMS: a. Fraposed Amendment to KMC 14.20.270 (Councilor Malloy) b. P&Z Resolutions Quarterly Report - 1St Quarter 2009 c. Building Permits Quarterly Report - 1St Quarter 2009 d. Code Enforcement Quarterly Report - 1St Quarter 2009 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: a~ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Apri18, 2009 - 7:00 p.~n. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved 6y 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 Qrders. 2. *APPROVAL OF MINUTES: a. *March 25, 2009 3. SCHEDULED PUBLIC COMMENT: {10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony Iimited to 3 minutes per speaker.) a. PZ09-1$ - A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 6. OLD BUSINESS: 7. NEW BUSINESS: S. PENDING ITEMS: a. PZ09-03 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a process for the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide that communications towerslantennas are a conditional use in the CMU zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration lp. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. KPB Public Hearing Notice for 5111109 b, Kenai River Center Project Application --Blair (Angler Acres) c. City of Kenai Resolution 2009-13 with Kenai River Center Applications 12, COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION APRIL 8, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately '7;01 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present; A quorum was present. ],-b. Agenda Approval K. Rogers, J. Brockman, K. Koester, S. Romain, R. We11s, J. Twait, P. Bryson None .City Planner M. Kebschull, Planning Administrative Assistant N. Carver, Council Member R. Ross, Deputy City Clerk C. Hall Commissioner Bryson requested the following additions to the agenda: ADD: 9-a. Kenai City Council Action Agenda 9-b. Borough Planning Agenda MOTION: Commissioner Bryson MOVED to approve the agenda with the noted additions and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Brockman SECONDED the motion. There were no objections. SO ORDERED. 1-d. *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. ITEM 2: *APPRO~TAL OF MINUTES -- March 2S, 2009 Approved by the consent agenda. ITEM 3; SCHEDULED PUBLIC COMMENT -- Nane ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 6-a. PZ09-18 - A resolution of the Planning 8~ Zoning Commission of the City of Kenai, Alaska, recommending to the Council that fiitle 14 be amended to establish the MAFS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone, Kebschull reviewed the staff report included in the packet, noting the following: • The rezoning petition was submitted on March 10, 2009, • The City Clerk certified the petition as sufficient on March 1'7, 2009. * Notices were published in three public places and in the Peninsula Clarion. • The City Attorney stated the petition did not meet the "Uniformity Rule" in zoning. • Staff recommendation was to vote against the petition. Twait read the rule of public hearing and opened the meeting to public hearing. Charles Winegarden, 309 Princess, Kenai -- Spoke in support of the petition and requested a work session be scheduled. Becky Espy, 903 Magic, Kenai -- Spoke in support of the petition. Mark Schrag, 312 Princess, Kenai -- Spoke in support of the petition, noting a similar special zone in Soldotna. Walt Ward, 708 Magic Avenue, Kenai -- Spoke in support of the petition and requested a work session. Debbie Sanberg, 410 Cinderella, Kenai -- Spoke in support of the petition and requested a work session. PLANNING AND ZONING COMMISSION MEETING APRIL 9, 2009 PAGE 2 Colleen Ward, 708 Magic, Kenai -- Requested a work session and encouraged continued work between the city and the public. Kellie Kelso, 117 Walker, Kenai -- Spoke in support of the MAPS Special Zone. There being no further comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to recommend approval of PZ09-18 and Commissioner Brookman SECONDED the motion. Commissioner comments included. • Concern the zoning would adversely affect the neighbors. • Concern with the strictness of the Land Use Table in the petition. • Would not support the petition as presented. • Thanked the public for their testimony and work on the petition. MOTION TO POSTPONE; Commissioner Bryson MOVED to postpone PZ09-18 until brought back by postpone until brought back by staff, the intent being to enable the staff to schedule a work session concerning this item. Rogers seconded. Commissioner Rogers SECONDED the motion. VOTE: Ro ers NO Brookman YES Koester YES Romain YES Wells YES Twait YES Br son YES MOTION PASSED. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: 8-a. PZ09-03 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a process far the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide that communications towers/antennas are a conditional use in the CMU zone. PLANNING AND ZONING COMMISSION MEETING APRIL 9, 2009 PAGE 3 ITEM 9: REPORTS 9-a. City Council -- Council Member Ross reviewed the action agenda items in the lay down, noting the replacement of three culverts for fish access. 9-b. Borough Planning -- No report 9-e. Administration -- Kebschull reported a work session on the draft cell tower ordinance would be set for a future meeting. ITEM 10: ITEM L 1: 11-a. 11-b. 11-c, ITEM 12: ITEM 13: MOTION: PERSONS PRESENT NOT SCHEDULED -- None INFORMATION ITEMS KPB Public Hearing Notice far 5 / 11 / 09 Kenai River Center Project Application -Blair (Angler Acres) City of Kenai Resolution 2009-13 with Kenai River Center Applications COMMISSION COMMENTS & QUESTIONS ADJOURNMENT Commissioner Romain MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:41 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 9, 2009 PAGE 4 y~ STAFF REPORT To: Planning & Zoning Commission Date: February 18, 2009 Res: PZ49-13{Revised) GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat -Kenai Cemetery Expansion Legal Description: Replat of Government Lots 123, 173 & 174 Street Address: 109 Floatplane Road, 1106 & 1102 First Avenue KPB Parcel No.: 04317009, 04317016 & 04317017 Existing Zoning: RS -- Suburban Residential Current Land Use: Vacant Land Use Plan: Neighborhood Residential ANALYSIS This is a revision of the preliminary plat the Commission reviewed and approved on March ll, 2009. After the Commission's review and comments, the City met with the surveyor. A decision was made to proceed with revising the plat to identify and dedicate Float Plane Road and First Avenue where they are constructed and to vacate the right-of- way easements. These changes are shown on the attached preliminary plat. Attached is a copy of the staff comments, signed resolution, and minutes from the March i 1, 2009 meeting. RECOMMENDATIONS The revised plat for the Kenai Cemetery Expansion eliminates the issues with the right- of-way vacations and dedicates Float Plane Road and First Avenue where they are constructed. The surveyor has been notified of the Commission's recommendation to show the location of the gas line and any related easements. The final plat will show all easements. Recommend approval with no contingencies. ATTACHMENTS: 1. Resolution No. PZ09-13 (Revised) 2. Preliminary Plat ~''~ , CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO, PZ09-13 {R.evised} `ttiea'tyo~ SUBDIVISION PLAT NEHAIV SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECQMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KENAI CEMETERY EXPANSION was referred to the City of Kenai Planning and Zoning Commission on MARCH 18.2009, and received from INTEGRITY SURVEYS, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS -Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. 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 or construction of improvements is not required. S. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES KENAI CEMETERY EXPANSION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 22, 2009. CHAIRPERSON: ATTEST: .~ r 6 ~ ~~ye ~ ~ ~~ .~w ~ ~:9i - °"~ ~ a ~If~~ " "'Yi' G a Y ~gg ~ ~ ~ a ~l ~ e ,~~~ ~ 1 ~ _~UiF EF.2 A C F 'j3tf &tL27jGZ~'1]D2.~ Y..~. ,,, „~,.~wm,. .~ .~. ~ ~~ a G 0 d a ~~ '~ ~ ~~ ~~~ s ~ ~~$ 9 a~ ~s$ ~ ~~ ~s ~ ~~~ o ~~ ~~8 z R R ~ .ro~°°c ........................................... .ro'eee ~,ca,Ywos I ~~ ~ ~~ I ~ 1i~6 U~`p A~[oJ ~\ ~I ~ ~ I ~ I I M I ~ _ ~ I I I~~ ~.._ ~ .._.. _.. _ _._. _ _ I I I - - -~ I ; ~a~ I I ~ ~ I ~ I ~-_--_----------- I _i._.._I- _I_ ~ .K m ~ ~......_..._...-----I_..-..._..._.---- ~~~ a ~ ~~ 8+ ' ~~~~ ' • -- STAFF REPORT To: Planning & Zoning Commission Date: February 18, 2009 Res: PZ09-13 GENERAL, INFORMATION Applicant: Integrity Surveys, Inc. 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning; Current Land Use: Land Use Plan: Preliminary Subdivision Plat -- Kenai Cemetery Expansion Replat of Government Lots 123, 173 & 174 109 Floatplane Road, 1106 & 1102 First Avenue 04317009,04317016 & 04317017 RS -Suburban Residential Vacant Neighborhood Residential ANALYSIS This plat combines three government Iots into one large lot. The resulting lot is approximately 3.749 acres. The property is zoned Suburban Residential and the resulting lot meets the minimum lot size for the zone. The plat also formally dedicates 33-foot right-off way easements alang First and Second Avenues and a 50-foot right-of way easement along Flaatplane Road. Water and sewer are not available to serve the subdivision and will require extensions of the main lines. ,The property is accessible from First Avenue, Second Avenue, or Floatplane Road. A11 of these roads are developed. An installation agreement is nat required. The City of Kenai will be reviewing the right of way easement dedications and may be requesting a waiver to align the dedication with the actual constructed roads. Building. Official: No concerns. PZ09-13 Comments RECOMMENDATIONS Page 2 The City of Kenai is submitting this preliminary plat to combine three government lots. This plat is the early planning stages for the City's planned cemetery expansion. The cemetery will require a Conditional Use Permit. The City will be applying for .the Conditional Use Permit at a later date. The subdivision meets the minimum. lot size for the zone and does not require an installation agreement. Recommend approval with no contingencies. ATTACHMENTS 1, Resolution No. PZ09-13 2. Preliminary Plat ~~~'•:,~ CITY OF KENAI PLANNING AND ZONING COMMISSION ~~_ RESOLUTION NO. PZ49-13 the~~~of SUBDIVISION PLAT ~F~~~ s>Kn 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 KENAI CEMETERY EXPANSION was referred to the City of Kenai Planning and Zoning Commission on FEBRUARY 17, 20x9, and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS ~- Suburban 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 or construction of improvements is not required. 5. Status of sui~ounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that na encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated an the plat are correct. 9. CONTINGENCIES: a. E'inal plat should show location of gas line and any corr'espond.ing easements. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES KENAI CEMETERY EXPANSION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ~ ~ T~ -~ / ~~ ~ ~ { ~~_ u ~ ~ :~~, ~ ~ ~~ :i W~ ~~~ D o J 3 U ~ oe3 `~is~~ 0 .- jippli'i ~ ~s~s W Q W I t yW~~' _WW .3 .6 ~ ~s R IS E~.i!~i I_ F,p ~ ~ a' ~ K~mY P ~,C N ~Y ~ Y ~• 6 F ~:IIri, a g C ¢ v ~~ iluy ?ii ~ii~1~'j Q Q ti (Y 8 a a Jf~ ~ 3: ~.i:.:e"3 $(~ ~ W P .ii,liil.l,\ i''ili, i ~?{ ~ CY7 Yi_t U ~ ~ W ~ ~ ~[.t h T ~~'3lil'~i:kl'~ f~'1 G8 ~ 6Y W 4 d • p ~ rt!:i"pi ' i'Y;iii:li~j~fi a '~ a ~ ~ k~a ^' ? a ~i!i'i:i:::~~ri'~i~I:a1~:I~r 'D ¢ ~ ~ Y r n ~ ~ ~ E F0. ~ ~~"~ ~ ~' ~+ ~. $~ .~ ~ zl- ?a _ W m o] U s~~i r ~~~ - Z ~ ~ ~ ~~~~~ z ~i in~ ~ ~ ~ C~i9C~3t~ Gi~~o~~ °3 °Ti )j [,YL'699 3,6L,S 1:665] 6ulioag po ~!aog .... - .--. - - - J - J ~ }uawFao3 M6H ,6S Q ~ ~~-_ -°T----~-_.........~...--- ~ ~ ~, ~ WI ~ ~~ ~ 6 ~ ......................................j .so•ezr a.cs:Y+.abs i ' M ~9 ~ ~ ~ ~~ ~~ o I ~ s~~ a ao~ a~~~ ~ ~ ~ ~ i I ~ [S I I •~ O ~ ,B6'98L 66'f£ W u ~~ ~ ~ ~~~~ ~a ~~~~ ~ ~ ~~ ~~a ao~ a~Q® "~ a I ~ ~~l~~ Iwl a .s °~ g~ G~ E.. ~~ ~d n ~gGo oE~ ,g ~ T L[pRey ~ ~ ~E x an ~Sb p ~i a hi ~~~ ¢ ~z~S ~ ~ $ 5 v a ~~ ? "~••'~i g R ~ - I '~'~. Or r° i *All items listed with an asterisk (*J are considered to be routine and zaon- controversiai by the Coxnmissian and will be approved by one motion. There will be no separate discussion of these items unless a Comxnissian Member so requests, ir1 which case the item will be removed from. the Consent Agenda and can.sidered in its normal sequence on the agenda as part of the General Orders. ITEM 2: +"APPROVAL 4F MINIJTES -- February 25, 2049 Approved. by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMEl1X'I' -- None ITEM 4: CONSIDERATION Og' PLATS 4-a. I'2~9-I,3 -- Kenai Cemetery Expan.sian (A replat of Government Lots 128, 1'73 & 1'7~.) Plat submitted by Integrity Suzveys, 8195 Kenai Spur ~Iighway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, natixAg a cemetery would require a conditional use permit. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZa9-18 including staff comments. Commissioner Brookman SECONDED the motion. Commissioner comrx~erzts included: • -The high pressure gas line in the area was a concern. • The slope of the Iot was an issue. • It was suggested Administration vacate the easement lines along First and Second Avenue and Float Plane Road. MOTION T{A AMEND: Con~.zxa.i:ssioner Bryson M®VED to add the surveyor show the high pressure gas line and easements on the plat. Commissiozxer Romain SECONDED the motion. VOTE ON AMENDMENT: Twait YES. B son YES Ro ex•s YES Braokmaza YES Koester YES Roxnain YES Wells EXCUSED PLANNING AND ZONINCx CQMMISSION MEETING MARCH 11, 2009 PAGE 2 -348- MOTION PASSED UNANIMOUSLY. VOTE ON MOTION AS AMENDED: Twait YES B son YES Ro ers YES Braakrnan YES Koester YES Roxnain YES Wells EXCUSED MOTION PASSED UNANIMOUSLY. ITEM S: (PUBLIC I~EAII~IIINGS -- Norse ITEM 6: OLD BUSYNESS 6-a. PZ49-U3 - Disau,ssiar~ -- A resolution of the Plannan.g and Zoning Coxx~:xnission of the City of Kenai, Alaska, recornxx~.ending to the Council the enactrrient of KMC 14.20,255 establishing a process for the regulation and establishment and placement of corr~xnunications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.0 i0 to provide that communications towers/antennas are a conditional, use in the. CMU zone. (Postponed from January 28 and February 25, 2009.E KebschuA reported she did not have a revised draft resolution and would set a ~rork session to discuss the revision at a future date. ITEM 7: NEW BUSINESS 'T~a. Discussion/Recoxnmenda~ion, -- Alaska Historical Commission Geographic Name Proposal Kebschull reviewed the memorandum included in the packet, noting the creek had a Dena'ina name and recorrunended the commission support the Kenaitze request to maintain the tribal name. MOTION: Commissioner Romain MOVED to recommend supporting the Kenaitze request and support the Tribe's request to keep the creek's Warne as "Shk'ituk'tnu." Co~,issioner Bryson SECONDED the motion. VOTE: Twait YES T3 son YES Ro ers YES Brookrnan YES Koester YES Rornain YES Wells EXCUSED 1 PLANNING AND ZONING COMMISSION MEETING MARCI~ 11, 2009 PAGE 3 -349- / ~~ y~„~'~ ~~. CITY OF KENAI _ ~.r_._~ -~ PLANNING AND ZONING COMMISSION ~~ RESOLUTION NO. PZ09-19 tlae c! y of ~c~~nv s~rn A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE FOLLOWING SECTIONS OF KENAI MUNICIPAL CODE BE AMENDED: 1) KMC 14.25.040(b) BY REQUIRING ASIX-FOOT HIGH WOODEN FENCE OR MASONRY WALL BE CONSTRUCTED TO SHIELD BETWEEN RESIDENTIAL AND COMMERCIAL USES; 2J KMC 14.25,045 BY PROVIDING THAT PROPERTY ADJACENT TO RESIDENTIAL ZONES SHOULD PROVIDE INGRESS AND EGRESS TO ROUTE TRAFFIC AWAY FROM RESIDENTIAL STREETS AND PROVIDING THAT SOME DEVELOPMENTS MAY BE REQUIRED TO PROVIDE FRONTAL ROADS; AND 3J KMC 14,25,070 BY PROVIDING A MECHANISM TO APPLY FOR VARIANCES. WHEREAS, the City of Kenai has adopted landscape/site plan regulations in. KMC 14.25; and, WHEREAS, in order to provide a better buffer between residential and cornrnercial development within the City of Kenai a six foot high wooden fence or masonry wall should be required as a shield between residential and commercial areas; and, WHEREAS, commercial development adjacent to residential zone should be designed to provide that traffic is routed away from residential streets; and, WHEREAS, some commercial development should be required to provide frontage roads in order to provide for safer and more efficient traffic flow; and, WHEREAS, KMC 14.25 should provide a mechanism for a developer to apply for a variance from the landscape/site regulations. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances as shown in Exhibit "A." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of April, 2009. ATTEST: CHAIRMAN New text ~~nderlined DELETED TEXT BRACKETED AND ALL CAPS] Section I 14.25,040 Landscaping plan--Performance criteria. (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results, Perimeter, interior, street right-of- way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary, This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer Iandscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses, Landscaping adjacent to residential zones shall have landscaping bedslbuffers that meet all of the following minimum standards: 1. Landscaping Beds. Minimum of ten feet {10'} in width along alI property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. [A SIX-FOOT (6'} HIGH WOOD FENCE OR MASONRY WALL MAY BE USED 1N PLACE OF FIVE FEET (S') OF THE REQUIRED BED WIDTH.] 2, Screenin . A six-foot 6' hi h wood fence or masonr wall must be constructed to shield between residential and commercial uses. Where a fence or wall has been constructed under this subsection, the landscaping bed reAUired under subsection (b){1) above may be natural ve etg ation, 3.[2.] Ground Cover. One hundred percent (100%) within three {3) years of planting and continuous maintenance so there will be no exposed soil, Flawer beds may be considered ground cover. 4~3.] Trees and/ox shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide far attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d} Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. PZ09- i 9 Attachment "A" Page 1 of 3 {e) Street right-of--way landscaping softens the impact of land uses along street rights-of way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of--way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1, Landscaping Beds. Minimum often feet {10`) in width along the entire length of the property lines which adjoin street rights-af way, exclusive of driveways and other ingress and egress openings; 2. Ground Cover. One hundred percent (100%} ground cover of the landscaping bed within three (3}years of planting and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (f} Review. The Administrative Offiicial may consider plans far amendments if problems arise in carrying out the landscaping/site plan as originally approved. Section II 14.25.045 Site plan-----Performance criteria. {a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. {b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, Iand use plan, and not be hazardous to the health, safety and welfare of citizens. (c} Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parldng lots referenced on the site plan shall comply with KMC 14.20.250. Paving is required far "commercial development" including a multifamily development requiring a building permit valued at one hundred thousand dollars ($100,000.00) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000.00) or more, and the property is located between Evergreen Drive and McCollum Drive/Tinker Lane as shown in the map marked Appendix 1 to this chapter. 2. Exception to this requirement: PZ49- l 9 Attachment "A" Page 2 of 3 {i) Properties zoned Heavy Industrial are exempt from the paving requirement. {e) Snow StoragelRemoval and Drainage. Snow storagelremoval and drainage as referenced on the site plan shall be compatible with the surrounding area. (f) Dumpsters. Dumpsters must be screened with asight-obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials, ~ Access, Properties adiacent to residential zones should provide ingress and e ress to ensure commercial traffic is routed away from residential streets. ,Access should be fiom an ^ ~ ^ p v be re uired to . . ....... .... . ..... ..........._.....,......,...,..,.,.._.........._~._...._ arterial street. Develo menu ma q develop frontage roads and are encoura eg d to consolidate existing access op rots, Section III 1.25.070 Modifications -Variances. ~ Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purposes of this chapter An applicant ma~p~ly for a variance fiam the requirements of this chapter.}acing the process and standards set out in KMC 11.20.180. PZ09-19 Attachment "A" Page 3 oF3 s~N~~ •~. CITY OF KENAI _ ::ry. _~-~' PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ49-20 ttieaityo~ t{ENA~ St{A A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE LAND USE TABLE IN KMC 19.22.010 BE AMENDED TO: 1) CHANGE THE USES OF PERSONAL SERVICES; RESTAURANTS, DORMITORIES/BOARDING HOUSES AND GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P} TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (LC}; 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIMITED COMMERCIAL ZONE (LC}; 4) ADDING LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES; AND; 5) REQUIRING TATOO PARLORS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH}. WHEREAS, currently the Land Use Table in KMC 14.22.010 allows personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries in the Limited Commercial (LC) Zone as a Principal Permitted Use (P}; and, WHEREAS, automotive repair should be reclassified from not allowed (N) to con.dztional use (C) in the Limited Commercial (LC) Zone; and, WHEREAS, requiring a conditional use permit for such uses in the LC Zane would allow for greater public input regarding those uses in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require a conditional use permit for such uses in the LC Zone; and, WHEREAS, mobile homes should be reclassified from conditional use (C) to not allowed (N) in the Limited Commercial (LC) Zone; and, WHEREAS, tattoo parlors are considered personal services and as such are a principal permitted use in the TSH; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors to get conditional use permits in the TSH Zone. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances as shown in Exhibit "A." New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] ~zo~-zo Page 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of April 2009. CHAIRMAN ATTEST: l'Z09-20 Attachment "A" 1~4.22.OI0 Land use table. LAND USE TABLE 1CLY: P W Principal Permitted Use C =Conditional Use S = Secondary Use N ~ Not Permitted Page l of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RR1 RS RS1 A52 RU CC CG IL IH ED R TSH LC CMU One Fancily Dwelling C18 P P P P P P P2' S' S' S2 Ca' P P P S'ICZ' TwofThree Family Dwelling C'8 P P P P P P P21 S' C C CZ~ P P P S'/C21 Four Family Dwelling C18 P C' P N N P P2' S' C C C22 N P C S'/C21 Five/Six Family pwelling C18 C' N P N N P P2' S' C C N N P C S'/Ca' Seven or More Family Dwelling C'$ C' N C' N N P P21 S' C C N N P C S'/CZ' Townhouses' C'$ C C C C C C C C C C Ca' C C C C Mobilo I-[ome Parks N C C C C C C C C C C N C N [C] N C Planned Unit Residential Development' C'g C C C C C C C C C C N C C C C COMMERCIAL LAND USES C RR RRI RS RSl RS2 RU CC CG IL IH ED R TSH LC CMU Automotive Salcs N C C N N N C P P P P N N N N P Automotive Service Stations N C C N N N C P P P P N C N N P Banks N C C C N N C P P P C N C G C P 13usinesslCansumer Services N C C C N N C P P P C N C C C P Guide Service N C C C N N C P P P P N P P C P Hotels/Motels N C C C N N C P P P C N C P C P Lodge N C C C N N C P P P C N P P C P Professional Offices N C C C N N P P P P P N C P A P Resta~Erauts N C C C N N C P P P C N C C [P] C P Retaill3usiness N~~ C C C N N C P P P P S24 524 C C P Wholesale Business N C C C N N C C P P P N S2° C C N T]~eaters/Commercial Recreation N C C C N N C P P C C N P C C P PZ09-20 Attachment "A" Page 2 of 4 LAND USE TABLE KEY; P =Principal Permitted Use C =Conditional Use S =Secondary Use N =Not Permitted NOTC; Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND U5E5 C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports and Related Uses P'° C C C N N C P P P P N C N N C Automotive Repair N C C C N N C P P P P N N N [N] C P Gas ManufacutrcrlStorage N N C C N N N N N C' C' N N N N N Manufacturing/Fabrioating/ Assembly N C C C N N C C P P P N C C N C Mini-Storage Facility N C C C N N C C P F P N N N C C Storage Yard N C C C N N C C P P P N N N N C Warehouses N C C C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RR1 RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Charitable Institutions C C C C C C F F P P P P C P C P Churchcs* C P16 P~0 P~0 P~0 P~0 P'0 P~° P~0 C C P P10 P P P Clinics C C C C C C C P P P C C C C P P Colleges* C C C C C C C P P C C P C C C P Elementary Scheols~` C C C C C C C P P C C P C C C P Governmental Buildings C C C C C C C P P P C P C C P P High Schaols* C C C C C C C P P C C P C C C P Hospitals* C C C C C C C P P P C C C C C P Libraries* C C C C C C C12 P P P C P C P C P Museums C C C C C C C P P P C P C P C P Narks and Recreation P C C C C C C P P P P P P P C P Assisted Living C C C C C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RR1 RS RSl RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding" C C C C C N N C C C C N C N C C Bed and Breakfasts G C C C C C C C C C C N C C C P Cabin Rentals C C C C N N N P P P C N P P C P Cemeteries C C C C N N N N C C C N C C N N CrematorieslCuneral C-lomes N C N C N N C C C C C N C C C C Day Carc Centcrs'Z C C C C C C C P P P C C C C P P l7ormitorieslBoarding Houses C C C C C C P PZ' S C P P23 C C [P] C P Essential Services P P P P P P P P P P P P P P P P Parming/General Agriculhire'~** P P N N N N N N N N A N P N N N Greeahouses/"1`ree Nurseries" C C C C C C C P P P C N C C [P] C P PZ09-20 Attachment "A" Page 3 of 4 14.22.014 LAND USE TABLE ICFY: P =Principal Permitted Use C =Conditional Use S =Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USCS C RR RR1 RS RS1 $S2 RU CC CG IL IH ED R TSH LC CMU Gunsmithing, Printing, N C C C C C C P P P P N C P P P Taxidermy AssemUlies~s (Large: C C C C C C C P's P15 P's P's P's C P N ' Pis Circuses, Pairs, Etc.} Fraternal Organizations/ N C C C C C C P P P C N C P C P Private CIuUslSocial Halls and Union Halls Nursing, Convalescent or N C C C C C C P F C C C C C C P Rest ttornes Parking, Off-Street P P P P P P P P P P P P P P P P Parkirsg, Public Lots12 C C C C C C C C C C C C C C C C Personal Servicesa5 C C C C C C C P P P P C C Pas [P] P C RadiolTV Transmitters/Cell P P C C C C C P P P P P C C C P Sites** Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface Extraction of C C C C C C C C C C C N C N N N Natural Resources` Surface Extraction of C C C C N N C N C C C N C N N N Natural Resourcesr' * See 42 USCA Sec. 2000ec (Religious Land Use and Institutionalized Persons Act of2000) *" Sec 42 Telecomnnmications Act of 1996, Sec. 704(x} *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1)single-family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; a Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water artd sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and wit! not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as pat•t of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section, 5. Sae "Mobile 1-]omos" section. PZ09-20 Attachment "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "]'fanned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided fw•ther that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. l2. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. l3. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b, l;xits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144-2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses arc allowed. 21. Developments for use shag be the same as those listed in the "Development Requirements Table" for the RU/TSl-1 zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use iu conjunction with the primary use {e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. in the TSH zone, tattoo parlors are allowed as a conditional use. ZG. Pood services are allowed on a temporary or seasonal basis of not more than four (4) months per year. STAFF REPORT To: Planning & Zanrng Cornrnission Date: April 13, 2009 ~~ Res: PZ09-2i GENERAL INFORMATION Applicant: Leslie Cottrell 395-4031 Trappers Den 640 Tern Place Kenai, Alaska 99611 Reye~ested Action: Home Occupation -Daycare Legal Description: Lot S, Bloclc 2, Sungate Pack Subdivision Street Address: 640 Tern Place ICPB Parcel No.: 04930005 Existing Zoning: RR -Rural Residential Current Land Use: Residential Land Use Plan: RR -Rural Residential ANALYSIS KMC 14.20,230 outlines the regulations that allow home occupations. Day care is specifically listed in the code as a permitted home occupation. At this time, Ms. Cottrell indicates she is watching three children, but she is aware the code allows her to watch up to eight children including her own from her residence. The floor plan is the same sent to the state for licensing approval. The Fire Marshal has indicated there are no egress windows in basement. The basement level of the home is strictly prohibited fi•am being used for an~r dart of the daycare. The applicant has been informed the basement cannot be used as part of the daycare. The proposed day care meets the requirements for a home occupation. A ire inspection was conducted on the residence on April 10, 2009. If the day care is still in operation, a follow-up will be required an April 10, 2011. RECOMMENDATIONS Recommend Approval. Report prepared by: Nancy Carver Planning & Zoning Assistant ATTACHMENTS: 1. Resolution No. PZ09-21 Application Drawings ~~~'~ ~~ .~ CITY OF KENAI -_~ _ ~<f=,_ ""~-~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09~21 ttiecityo~ HOME OCCUPATION PERMIT KEHA~ Si{A A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Home Daxcare (Type of Permit} OPERATED BY: Leslie Cottrell dba Trappers Den . _. _____ __ . LOCATED: 640 Tern Place, Lot 5, Block 2, Sun ag to Park Subdivision KENAI PENINSULA BOROUGH PARCEL NO: 04930005 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230 has been submitted and received an March 26, 2009 2. That the application has been reviewed by the Commission at their meeting of April 22, 2009 and found that all application requirements have been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 3. That the following additional requirements have been established by the Commission as a condition of permit issuance: a. The basement level of the home is prohibited for use of the daycare. Fire Marshal has indicated there are no egress windows. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaslca, this 22nd day of April, 2009 Chairman: ATTEST: o~~~lfa ~ ~ct~ ~ Pa~t~ Gc ~~t~ ~ ~~t~~°~~~ ~ > 210 Fidalgo Avenue, Kenai, Alaska 9961 1~ ~I "`-~ N~ i~~` . Telephone: 907-283-7535 / I=AX: 907- ~ ~'~0 ~~ - - ~~ ~ ~ sz ---- r~yQy~6?pD9~ ~l~e cc'~ o f ,,~ .. ~~4.,, >E'LANIVING ANID ZONING APPY,ICATION Date _ ~ Lc~ ~ 1 ~.,t-f ~! 1. Name of Applicant ~~.. 2. Business Name 1 3. 1~lailing .Address i~--: ~ ~ .:" •-` ,~ ~ .' 4. Telephone '~?-fr~~-.y~)~~~ 5. Lega] Description S ~~ _ __ ICPB Parcel No. C~ ~'~ ~ %~'~C~~~~'~~ 6. Property Address ~_i1~~ ~~'.~ fl ~~~(~ ('e-f' . -~ ~~..(~~ ~~ ti~ ~~J} 7. City of Kenai Zoning $. Application applying for (Rnark permit being applied for): ^ Bed & Breakfast ~] Conditional Use ^ CUP -Transfer ^ Encroachment Gravel Extraction ~ Home Occupation ^ Townsite Historic Development ^ Variance The following_informationmust be Irovided before oy ur application will be considered for processing, Do not submityoui. application until it contains al] required information. (Check each box that applies and attached the necessary information to process this application.) -.~.' I a~n the legal owner of the property. r ^ I a~n not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for the permit, ^ I have paid the required fee ($100 plus sales tax). Attach a detailed description of the proposed use. Review the applicable seetion of the .Kenai IVfunicipal Code and include all information required by code for the type of application. Incomplete applications will not be accepted. I certify that the~infoa•mation provided isl~ac~c~urate to the besf of my knowledge. Applicant ~-~-~~- ~~ Ll.~~~,~ }~.~~.. _ .. .-.. -.. ._ ~ _ _.- -~---~-~-~-- Date _ - .~~~~~'~ , ~~~~ - - - - - - - - - ._ _. __.._._ ._ _ ..-------- PUBLIC HEARING I2Et?UIREMEN'I'8 ON BACK 1l30f2009 ~ ~ ~ ~~~~ a ~ zoos 43 QS d ~ W 'D ~ (II ~ ~ U O Q O Q +~ a a O P ~ O ~ U N U] n d . r , '+~ U .C L O C O O V q j O ~ ~ a O 'N U 4 U ~ U V] .~ , ~ Q C O ~ L (T7 V O Qy p r- ~ O ~ O ~ 6) T U? O L fU SU -C7 dC~ ~U ~ci cfl rti o0 of a Q E ~ U1 Uj U ~-' ~'' N C (~6 [6 ~ Q a ~ c° o ~ ~ a ac y~ _ ~ ~ p w cps .~ E ~_ o` N ~ ~' ~ ~ .~ L p A ~ ~ =_ ~' d3 rL-~ ~ ~~ O ~ ~ ~ .c ~ ~ ~ N ~ N ~ ~ ~ N ~ E ~ r O N ~ j .== U N w-+ ~ ~ ~C C~ N C6 Q O C ~ ~ OJ '6 ~j ~. A O O T ~ O P -C3 ~ f'~ ~A ~' L O m ~ r ~ j ~ d ~' 3 N O~ j O y„~ p N Q~T O ~ ~ ~ Cn ~ F- U C.a ,n r CV M ~ T N ~ ~ ~ ~ U O d Q. o O ro o ~ m ~ c o m p a`, co Qm E-° ~ 00 ~O O -0 ~ . Q1 O C N ~ C N O O ~ ~ Q~ O N +H- o ~ p .~ ~ ~ O w U ~ fE ~ _ .~"O ~ O O ~ p ~ aXi p ~ b ~~ ~ U 4J (~V O •V Q ~ ~ ~ Cn ~ Cn 'a d L 0 N M+7' 0 N N (6 Q O N N O M 4 P U U o a6~ ao~ ~ a~ d C~o~ ~~ a ~o~~ a ~,®~ ~ '~ ~ ~. / E ~~` / ~~~ 1532~~ ~ ~ ~~~z. ~ ~ a' x ~ a' ~~ ~ ~ ~~QbO ~ Anchor Easeme~ t /~ ~~ storag ^^ i L~~~ barn ©~UCk ~~ ~~O ~~~ Proposed N~ rJ ~ SS ~ ,~~4 ~~2 r3 ~'q°, ~ garage ~; `s~ ~ ~ ,ry ~ ~ r'o 5 ~~~ ~ Bbd ~°o °' ~ appro~ ~6~.~ Mry njD'` 'n~, house 4,0~ \ driveway) 8 ~ ~ ~ Ss o ~(o `~p. o o ~ ~ Ir ~ ~ A~~, ~~ ,~~ ~6 ~6• ~ \ ~ 24 ~Buiiding g F 2$ °" 9°00 ~~5~\ Setback N~ 'L~a~ p ~o• / \ \ 5.8~ ~a a ~ M so. ~5' a Qo~~ a l Tern Place N~oT ~L._AN CERTIF~ICATCaN . ~- Plat Plan Certificate lei', survey was performed fqr this plat plan. l hereby certify that the proposed ~~ `~ irn rovements hereon are as shown ... •• ••• ~•••••• ,s. ... •.~~ ~.~ ncna~ ~ lic VCYL ~ rnn lrU~ ~7U ILUJUI [1 I, U1/U1 Fire & Life Safet ~ ~ ~~~''~~~-~ Y ~Cenal Flre Department Inspection Report '~ , ~ 05 South W~Ilow S#reet ~ Mm ,~ ~~ Phone (947} 283-766fi Kenai, Alaska 99611 ~%~- Fax (907) 283-8171 ~~ ~' To, laccupancy Name ~ Street Address; K-'- ~ ~~~~. ~l Phone Na: Inspection Date: .,_~ ~~ p ~~r - r~ fNSTAI.i_ED ACTIVfr i_AST SERVICED SERVICED SY1pf=RMIT # Sprinkler System 'Y'es d.No p Yes p No Hood & Duct System ,Yes p No p'Yes ~ No Standpipe System ~Y'es ~Nfl Q Yes p No Fire Extinguishers Yes ~No p Yes ~ No - proper Type lDescrlpiion p Yes ~No Evacuation Drills Req ~Y'es ^ Nn I~ns'r coNeucTrD ~, ~ ~~, ~ ~~,~ ay...~ r ~_,...,,A, ....,._ Fire Alarm Sysi:em fQjLS-'es ~ No d Yes Q Igo ~ ._ ~~ Q Manual p Aufiontatia ~Smolce Iaetectors p Heat Detectors ~ IC.nox ox The following deftcl®ri'~res were noted and correc#ro-ts must start immediately. ,~ s , 1 i J 4 ' r 9 ~ ~ ~ ~] A response must be forwarded to this office by .... Irldiaating that the deflclenciEs noted above have been corrected. ff you have any questions or need more time to correct any item contact this ofilce by phone at 283-n76G6 or by email kfdept ar7ci.kenai.ak.us Signature; _~,~~ ~,k; .~ Date:,~~ /p- ~O ~f' - .. _ Relation to f~roperty: „(~~ ,,..,, ._,~__„_~__ Inspector Authority: Kenai Municipal Codc 8.15.024 - $.15.050 - 8,1S,4fiQ - $, L5.474 - $.1S.4R4 - 5.110- Rev. cilp4 Ra AC?'ION AGENDA KENAI CITY COUNCIL -REGULAR MEETING APRIL 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt~ I I www. ci. kenai. ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Duane Bannock, Director, KPB Spruce Bark Beetle Program -- Program Update. 2. Margaret Coleman, Executive Director, Hagen Hause -- Child Advocacy Center/Homer/Program Update. 3. Olivia Pfeifer, KCHS Student -- Caring for the Kenai Presentation, "Better Bird Control." ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. POSTPONED/MAY 20, 2009. Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." 2. PUBLIC HEARING HELD. Discussion (no Council act~ton required but public testimony will be taken) -- Justice Assistance Grant Program Participation. ITEM F: MINUTES 1. APPROVED. *Regular Meeting of April 1, 2009. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS APPROVED. Ratification of Bi11s 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED APPROVAL OF CONSENT AGENDA. *Ordinance No. 2397-2009 -- Increasing Estimated Revenues and Appropriations by X65,750 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund far Construction. 4. INTRODUCED/APPROVAL OF CONSENT AGENDA. *Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by X250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by X250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. 5. INTRODUCED APPROVAL OF CONSENT AGENDA. *Ordinance No. 2399-2009 -- Increasi~.g Estimated Revenues and Appropriations by ~ 1,221.96 in the General Fund for Library Travel and Transportation. 6. INTRODUCED APPROVAL OF CONSENT AGENDA. *Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by X5,173 in the General Fund for State Traffic Grant Overtime Expenditures. 7. INTRODUCED APPROVAL OF CONSENT AGENDA. ~Oxdinance No. 2401-2009 -- Increasing Estimated Revenues and Appropriations by X853.55 in the General Fund for Forensic Computer Training from Internet Crimes Against Children (ICAC). 8. INTRODUCED APPROVAL OF CONSENT AGENDA. *Ordinance No. 2402-2009 -- Authorizing a Budget Transfer of X5,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by X5,000 to Provide for Additional Funding for the Soccer Park Maintenance Building Project. 9. APPROVED. Approval -- Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and Franklin G. Wortharn and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amendod Plat of General Aviation Apron No. 1. 10, SCHEDULED/MAY 20, 2009, 5:30 PM. Discussion -- Schedule Work Session/Fuel Flowage Fee ITEM I: COMMISSION(COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee d. Advisory Cemetery Committee e. Kenai. Convention 8s Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L; DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No, 2362-2008 -- Amonding the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RRI) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary Fram $900 to ~ 1,000 Per Month and Council Members' Salaries Frorn X400 to X500 Fer Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the frst meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI O budget process.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1. I5.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a Neva Section KMC 1.15.040 Entitled, Agenda and Packet - Davelapment-Preparation-Distribution-Publication-Late Materials. (Clerk's Nate: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify.) Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by X45,50 i in the Airport Flznd and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,415,000 in the Airport Apron Rehabilitation--Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package." (Clerk's Note: Drdinance Na. 2395-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT KENAI PENINSULA BOROUGH PLANNING COMMISSION QUARTER DECK 1 LAND'S END RESORT 4786 HOMER SPIT ROAD ~,1"C~ ~~ ~~ HOMER, ALASKA 99603 ~~c e7p April 13, 2009 - 7:30 P.M. 6 ~UO ~ '°"' ~ ~ : Tentative Agenda `~~j " ~~h ~ ~~ ,. Philip Bryson A. CALL TO ORDER Chairman Kenai City Term Expires 2010 g, ROLL CALL Paulette Bokenko- C. APPROVAL OF CONSENT AND RI*GULAR AGENDA Carluccio All items marked with an asterisk (') are consent agenda Items. Consent agenda items are considered PC Momber routine and non-controversial by the Planning Commission and will be approved by one motion. There will City of 5eldovia be no separate discussion of consent agenda Items unless a Planning Commissioner so requests in which Term Expires 2009 case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. Alico Joanne Collins PC Member If you wish to comment on a consent agenda Item or a regular agenda item other than a public hearing, Anchor PoinU iVinilchik please advise the recording secretary before the meeting begins, and she will Inform the Chairman of your Term Expires 2010 wish to comment. br. Rick Faster *1, Time Extension Requests PC Member Homer City Term Expires 2010 a. Hope Rec. Site 2008 Addition KPB File 2008-053; .tohnsonlKaser Mari Anne Gross ' Location: Hope area PC Member Southwest Borough Term Expires 2010 *2. Planning Commission Resolutions James (sham *3. Plats Granted Administrative Approval PC Member Sterling Term Expiros 2009 *4. Plats Granted Final Approval (20A4.070) BrenlJohnson *5, Plat Amendment Request PC Member KasiloflClam Gulch Term Expires 2009 *6. Coastal Management Program Harry Lockwood *'~ CommlSSlOner EXCUSed Absences PC Member , Ridgeway Term Expires 2010 a. Harry Lockwood, Ridgeway Blair Martin *8 Minutes Vice Chairman , Kalifornsky Beach Term Expires 2009 a. March 23, 2009 Plat Committee Minutes Sue McClure b. March 23, 2009 Planning Commission Minutes PC Member City of Seward Term Expires 2611 D. PUBLIC COMMENTIPRESENTATIONSICOMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous Linda Murphy arrangements are made.) Parliamentarian City of Soldotna E. UNFINISHED BUSINESS Term Expires 2611 Todd Petersen F• PUBLIC HEARINGS PC Member East Peninsula 1. Vacate a portion of Leonidus Circle, a 60-foot righk-of-way and 50-foot radius Term Expires 2010 cut-de-sac, and any associated utility easements adjacent to Lots 9, 10, 11 1 Jason Tauriainen PC Member Northwest Borough Term Expires 2011 Max J, Best Planning Director Dave Carey Borough Mayor and 12, dedicated by Cache Subdivision (Plat KN 84-269); within Section 13, Township 7 Norfh, Range 12 West, Seward Mer€dian, Alaska; and within the Kenai Peninsula Borough. KPB File 2009-040 (Note: 50-foot radius cul- de-sac proposed to be dedicated in relocated location on vacation replat}. Petitioners: Raymond E. and Debra G. Choat of Kenai, Alaska. Location: Off Pipeline Road in Nikiski 2. Vacate Kilcher Road, the 33-foot wide by 365-foot portion of the R1W adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM 2003-65}, and associated utility easements. AND Vacate the 33-foot por#ion of the section line easement underlying the above mentioned Kilcher Road vacation and the rest of the 33-foot section line easement north of the south boundary line of section 23. Also vacating 450.5 feek of the 33-foot section line easement south of the north boundary line of section 26, starting from the eastern corner and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files 2008-137 & 2008-138, as shown on the attached plat. Petitioners: Catkin and Thomas Clyde Burton of Kaiiua, HI & Otto Edwin Kilcher of Homer, AK. Location: Fritz Creek area (Continued from March 23, 2009 Planning Commission meeting. No motion on the floor.} 3. Vacate a portion of the 25' right-of-way easement within Lot 7F, granted by V A Edingtan Subdivision (Plat HM 65-889); Section 1, Township 6 South, Range 13 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB F€le 2009-045. Petitioner: Christine Swan of Homer, Alaska. Location: Fritz Creek area (Continued from the March 23, 2009 Planning Commiss€on meeting. No motion on the floor.} 4. Resolution 2009-~; Resolution authorizing the lease of real property located at 40948 Rukh Way in the Diamond Ridge area for a temporary Kachemak Emergency Services Fire Station Facility. Public notice is hereby given that public hearings will be held to rename existing streets to facilitate the Enhanced 911 Stree# Naming and Addressing Methods within the Kenai Peninsula Borough. Renaming righ#s-bf-way that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient timely manner, thereby avoiding delays in providing necessary emergency services. Streets under cons€deration at this meeting are described as follows: a. CIRROSTRATU5 LOOP dedicated within Skyline Heights Estates (HM70-358), T 65 R 14W SECTION 09 & 10, Seward Meridian, AK; Off of Stratus Rd in the D€amond Ridge community; ESN 202; REASON FOR CHANGE: Ta bring this street into compliance with KPB Code 14.10; PROPOSED NAMES: CIRROSTRATUS AVE, CUMULUS ST, & NIMBUS AVE. b. UNNAMED 60' PUBLIC ROW dedicated within Tulin Skyline Heights Estates #2 (HM2008-90) T 6S R 14W SECTION 10, Seward Meridian, AK, Off of Cirrostratus Loap in the Diamond Ridge community; ESN 202; REASON FOR CHANGE: To bring this street into compliance with KPB Code 14.10; PROPOSED NAME: CIRROSTRATUS AVE c. FALLS CREEK RD dedicated within Morrison Golden Birch Estates (HM 78-51 ); Patsy's Creek (HM 80-59}, & Falls Creek Estates unit 2 (HM 83-100); T 4S R 11W SECTIONS 27 & 34, Seward Meridian, AK; Off of East End Rd in the Fritz Creek Community; ESN 202; REASON FOR CHANGE: Disconnected Streek; PROPOSED NAME: CDYLE ROAD 6. Resolution 2009-09; Variance application has been received for a permitted material site located .a# approximately mile 161 of the Sterling Highway between Anchor Point and Homer. Applicant 1 Landowner: Susie Hokkanen 1 SK Resources, LLC. Location: Parcel 169-132-40 -Tract B Hokkanen's Hideaway, T5S R15W 513 SM Resolution 2009-10; Conditional land use permit application has been received for sand and gravel extraction in the Ninilchik area. Applicant 1 Landowner: Cathie Downs. Location: Parcel 159-041-34 #hat portion of Oliver Sub 2006-91 lying north & NW of Tract A Oliver Sub #2, T2S R14W S10 SM. 8. Ordinances relating to the delegation of limited platting powers to Kachemak City. a. Ordinance 2009-_; Ordinance delegating limited plat#ing powers to Kachemak City for the purpose of regulating minimum lo# size within Kachemak City Limits. b. Ordinance 2009-~; Ordinance amending Kenai Peninsula Borough Code Section 20.12 to establish a subdivision or replat submittal procedure for second class cities within the Borough and Section 20.20 to clarify regulations regarding minimum lot size. 9. Ordinance 2009-20; Amending Chapter Five, Transportation, of the 2005 Kenai Peninsula Borough Comprehensive Plan by Deleting Appendix F, "Alaska DOT&PF Statewide Transportation Improvement Program Kenai Peninsula Borough Projects", and Adding a New Appendix J, "Alaska DOT&PF Statewide Transportation Improvement Program Kenai Peninsula Borough Projects G. ANADROMOUS STREAM HABITAT PROTECTION {KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING SPECIAL CONSfDERATIONS Review of February 9, 2009 Plat Committee Denial of Exception for RNV dedication Fair Ridge Subdivision Part Six KPB File 2008-245 [McLanelFairj Location: Forbidden Court in Soldotna SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 3 preliminary plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS OTHERINEW BUSINESS M. ASSEMBLY 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 & Zoning Committee Minutes -March 11, 2009 2. Caribou Hills Region Comprehensive Trails Plan Proposal Seward Planning Commission Meeting Minutes - February 17, 2009 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held April 27, 2009 in the Assembly Chambers, Borough Administration Building, 1 ~~ North Binkley, Soldotna, Alaska at 7;30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce April 21, 2009 7:00 p.m. Cooper Landing Cooper landing Communit Hall May 6, 2009 6:00 p.m. Hope 1 Sunrise Hope Social Hall May 7, 2009 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 verily 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 KI=NAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: tall free within the Borough 1-800-478-4441, extension 2200 Fax: 907-714-2378 e-mail address: plannin barough.kenai.ak.us web site: www. arou h.kenai.ak.usl tannin de t KENAI PENINSULA BOROUGH PLAT COMMITTEE QUARTER DECK 1 LAND'S END RESORT 4786 HOMER SPIT ROAD HOMER, ALASKA 6:30 p.m. April 13, 2009 Tentative Agenda MEMBERS: Dr. Rick Foster Homer City Term Expires 2010 Mari Anne Gross Southwest Borough Term Expires 2011 Harry Lockwood Ridgeway Term Expires 2010 Sue McClure Seward Clty Term Expires 2019 Linda Murphy Soidotna City Term Expires 2011 ALTERNATES: Jim Isham Sterling Term Expires 2009 Jason 7auriainen Northwest Borough Term Expires 2011 A. CALL TO ORDER 1. Election of Officers B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Harry Lockwood, Ridgeway 3. Minu#es a. March 23, 2009 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. Forest Glen Sub Katie's Addition KPB File 2009-051 [ImhofflPetslca] Location: City of Homer 2. Harrington Heights 2009 KPB File 2009-052 [SeabrightlHunter] Location: City of Homer 3. Hollywood Sub Glasgow Repiat KPB File 2009-054 [IntegritylJohnson] Location: East on Sterling Highway in Anchor Point Anchor Point APC 1=. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held April 27, 2009 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, 5ofdotna, Alaska at 5:30 p.m. PLANNING ©EPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-714-2378 e-mail address: planning c~.borough.kenai.ak.us web site: www.borough.kenai.ak.usl I~anningdept 2l0 FIDALGQ AVE., KENAI, ALASKA 99611-7794 ~`'~ TELEPI-IONE: 907.283-7535 FAX: 907-283-3014 TO: Marilyn Kebschull, City Planner; Nancy Carver, Planning and Zoning Assistant FROM: C~-~° Cary R. Graves, City Attorney DATE: April 15, 2009 RE: MAP5 Special Zone District Questions 1. INTRODUCTION On March 10t", 2009 a zoning petition was submitted to the City seeking to establish a new zone called the "MAPS Special Zoning District" (MSZD}. ~ The Planning and Zoning Commission held a public hearing on the petition {PZ09-18) on April 8t~', 2009, but postponed action to hold a work session. The Commission had two questions regarding the process in KMC 1 X1.20.270. They were: 1) Could the Commission make changes to the petition (i.e. proposed zone}? Anal; 2) if the Commission voted down PZ 09-1$, would the Commission be able to hold a future work session or would the denial involve the 9 month rtitle in KMC 14.20.270(b}{3}? 2. AMENDMENT PROCEDURE The process far a zoning amendment petition is contained in KMC 1 X1.20.270(c). That section states; (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and malve notification arrangements. {2} The Commission shall hold a public hearing in accordance with the requirements of this chapter. {3) The Commission shall, upon public hearing, forward its written recommendation to the T~enai City Council, along with all certified minutes and public records relating to the proposed amendment. ~ The petition was submitted pursuant to KMC 14.20,270 (Amendment Procedure). (4) The I~enai City Council in accordance with the provisions of the Kenai Municipal Cade, may or may not adopt the amendment as a City ordinance. Under the above-referenced section .the Commission is required to forward its recommendation to the Council. There is nothing in that section indicating the recommendation must be strictly either for or against. It is my opinion that the Commission could, for example, recommend adoption of a petition with certain changes. Therefore, the answer to your first question is the commission is not limited to simply recommend approval or disapproval to the Council, but may also recommend changes be made to the petition. 3. Denial Moratorium Under KMC 14.20.27'0(b)(3). The Zoning Code provides that: (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered The issue under that section is whether non-approval of a zoning amendment by the Commission or the Council triggers the nine (9) month moratorium. The Commission's role in the zoning amendment is advisory. The Council makes the final decision in the form of an ordinance.z. Because the City Council has the final say, it is my opinion that only a non approval by the Council triggers the moratorium under KMC 14.20.270(b)(3). The Commission could vote down PZ 09-18 and still hold a work session on the proposal in order to, for example, see if there were changes to the proposal that would make it acceptable to the Commission. However, if Council rejected the initial MSZD, the Commission would be precluded from considering a substantially similar proposal under the nine {9) month rule. Therefore, the Commission should forward all of its recommendations on the MSZD proposal to the Council to consider as a package so as to not unintentionally trigger the nine (9) month moratorium. 4. Su~nma~y I hope this memorandum answers the Commission's questions. Please let me know if you or the Commission has any further questions. z KMC 14.2Q.270{c){4) states; "The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance." ~1~. ~r~n~o TO: Airport Commission; Administration, Airport Manager & City 1'lanne~ CC: Planning & Zoning Commission; Mayor &, Council ' p'I~OM: Bab Molloy I<?ATE; ~ Q4-O1-09 . SUBJECT: 1)iscxissian Ytem Stan~la~'c~s fnr Approval Arnendntents to KMC 14.20.270 Amendment proccdures, Paragraph (c) ~4mendrnent Proeedur~; ' ~ - - 1 am unable to attend the 0409-09 .meeting of the ~;irpo~rt Carr}rnission,' and wanted to communicate some additional ideas. .. ~ ~ ~ ~ ~ . ~ ~ ~. ~ ~ ~- Sometimes, developers submit conceptual designs.of developrrient projects in support a~ the applic~tion~ for rezone. During Council meetings nrt the subject of re2ones, r~-~embers of the public have indicated the desire that there'be some recognition. in the City's public process for eansideration of agreements that might be made between applicants nr the project developers and affected property owners and neighboxhnods concerping the proposed development project that is the~basis for a pxoposcd rezone. Attached is some brief information regarding "community benefits agreements" between cornmwnity groups, affected property owners and applicants/project developers. While this type of agreement seams to be used most often for large development projects, it has been successful in cities whose codes allow consideration of "community benefits agreements." We could consider how this concept might be applied on a smaller scale to the City of Kenai's process under- Code. For example, an additional "standard-far approval" of a rezone could lie consideration of a written developrr~ent agreement between the applicant'/applicant's agent or project developer and the affected neighborhood ar the property owners and lessees of the land to be rezoned and the land within Three hundred feet (3U0') of the outer boundary of the land to be rezoned. Tha Code could be amended to allow such a development agreement and its terms to be considered by the Planning & Zoning Commission in making its decision and voting oza a recommendation to Council, and in the Council's decision and vote that Council "may or may not adopt the amendment as a City ordinance " ~~~ ~+~._,^ theu'tyof`/ KEHAI. ALASKA Suggested by: Councilor Molloy CITY OF KENAI ORDINANCE NO, *-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, SKA, AMENDING KMC 14.20.270 AMENDMENT PROCEDURES $Y ADDING ST S THE COUNCIL SHALL CONSIDER WHEN REVIEWING A PROPOS O G .AMENDMENT. WHEREAS, KMC 14.20.270 contains the process by whi the K oning Code and Official Zoning Map are amended; and, WHEREAS, the amendment procedure in KMC 0.2 (c) does not co any standards for the Council to review rezone a ons r than haven e WHEREAS, KMC 14.20.270(c) should ore at w a proposed zoning amendment is opposed or protested by e- more of the properly owners or lessees of the 1 in the a be re ed or within three hundred feet (300'} of the outer dai ` cludin down d by the City of Kenai unless it joins in the apposite e City ncil sh determine whether there is a compelling public policy or p urpose the rezone mendment that outweighs the detriments proposed e q stars. NOW, THE BE IT AINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA f Ken de of Ordin ances is hereby amended as outlined in Attac t "A." PA THE COUN OF THE CITY OF KENAI, ALASKA, this day of 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: 2009 Adopted: 2009 Effective: 2009 New Text Underlined; [DELETED TEXT Bl7ACi~ETED] prdinance No. *-2009 Attachment "A" KMC 14.20.270 Amendment procedures, (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; {B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty {50) registered voters within the City of Kenai to amend the ordinance text; {E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. {2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one {1) acre (excluding street or alley rights-of--way) unless the amendment enlarges an adjacent district boundary. (3} A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (~l) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non-refundable deposit/advertising fee one hundred dollars ($100.00) and any other pertinent information requested by the Gity. (c) Amendment Procedure: (1} A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. {2) The Commission shall hold a public hearing in accordance with the requirements of this chapter, (3) Standards far approval.__When rey_iewin~_a proposed amendment to rezone property, the_Commission shall consider the_factors_se~ forth_below in making_itt s report and reco_ mmendation to the City Councit, and the Cifx Council shall determine if the proposed amendment is_in the best interests of the, ub,~lic, considering the following factors: (A) The proposed amendment furthers the ,goals and policies of and is consistent with, the existing comprehensive plan; -1- Ordinance No. *-2009 Attachment "A" {B) The pra~aosed amendment is consistent with the~ublic health, safety~welfare and convenience; (C~,„Public facilities such as schaolswutilities, and streets are adequate or will be ade uate to su ort the ro ased amendment• ~D) The proposed amendment is compatib_ le with the surrounding.,zon__ingthstricts and the established _l_arid use pattern; (E) The proposed amendment does not grant a specia~rivile e~ to the applicant or owners of the land to which the amendment applies; {F) Changed, conditions affeeting_the land to which the amendment applies or the surrounding, neighborhood support the proposed amendment; (G) Whether the proposed amendment is opposed or protested bxone-third ~1/3rd, or more of the aroperty owners or lessees of the land to which the amendment a lies or the land within three hundred feet 300' of the outer boundary to which the amendment applies, exclu_din~ land owned by_the City of TCenai, unless the City,joins in the opposition or.prote_st. if so opposed ar pratested, then. the Commission and the City Council_shall determin_e_whether there is,a compelling_public policy or public purpose for th_e_ proposed amendment that outweighs the detriments presented by the o.,pponents or protestors. [3] ~ The Commission shall, upon public hearing and upon consideration of the standards fora royal, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. [4] ~ The Kenai City Council in accordance with the provisions of the Kenai Municipal Cade, upon public hearing and upon considerati_o_n ofthe standards for approval, may or may not adopt the amendment as a City ordinance. -2- L~`~~ L: L=2. Council Disanssiaxa. related to Standards for Approval/Atne~ndrxaents to ~kidVJ[C 1.4.20.27Q -- ~9uraendment Procedures. _ ROSS: I want to express appreciation to Councilrn.an Molloy. He always gives us~ notice of what`s on his mind and in th.e info section is a proposal of his that I think needs our serious consideration. I'rn not going to go to the merits of it. I, I guess what I'm, asking of Councilman Molloy, there's, and I`ve, I've already discussed this with him, and the city attorney, I have serious questions and I'll let the attorney speak for himself, as to whether or not this can even be done under our.,Charter, a super majority of a council required far an ordinance. I'm well aware that there's one exception to majority rule iri the Charter and that's an emergency financial ordinances as well as retention or termination of a city manager as two of our council members dealt with that situatiazk at length. I~ut, I guess what I'm asking is, that this come back as you work with the city attorney, it eozne back to us as a discussion item before it ever goes forward to ):'8aZ or • Airport Commission so that we can 'at least have an idea that if we want input into the super majority thing, where it stands as far as undex our Charter. MOLLOY: Is that a question for nne or city attorney... ROSS: W'ell.... MOLLOY: I'lI answer if you like.., ROSS: ...sure, . MOLLOY: Okay. 'The, yeah, you know, I mean, what was behind the super majority had to do with my, you know, discussion i was having with about, well, first off, to back up, I would like to see some standards in the code that the com.xnission anal us apply, you know. The super majority had to deal with, the idea came from the Anchorage code where Anchorage said, you knave, if there's, ~in the parameters that I have, they require eight votes: KENAI CITY COUNCIL MEETING - ~ ~MA~RCH 4; .~bOq .. , ~ PARTIAL VERBAT.~IVI ~ - . .. PpiGE`2 ~~ .~ The reason Zpicked-that had to do"'~crith what I vvas sayarig at the time.was, you know, when you have such a great protest or opposition. by so many people that are affected, you should have'a compelling public purpose that outweighs the harm that they see. That's kind of a sari of vague standard and I thought votes vrere black and white. But, if it's, if it's not consistent with the Charter, then obviously, you can't bring that forward and your, you know, cauncil can't do something that's inconsistent with the Charter without a Charter am.endrnent. That was a, that's a good point that you bring up. I appreciate that you brought it up and Y am planning on having a discussion with Mr. Graves and IVir. Koch and the City Planner, you know, tiomorrow, so whatever I, I' da bring forward, isn't necessarily going to be what's in the packet. You know, what, what's in the packet is like putting the ball in play and, and then I would bring it to council. My idea was that, you know, we wo~cxld have a discussion and then it would go to Planning gv Zoni.rxg through the process. Xou know, what comes out at the other end xnay be different than what's started with. I don't know i£ I've answered your question. PORTER: All right, any other comments? Mr.... ROSS: It will come beak to us as a discussion item before it goes to... MOLI.QY: It, it will either be a discussion item or an ordinance, okay, and, but, you kno~cr, cauncil will decade where it goes after that, okay, and, I'rn... ROSS; And my only other comment on that is, in addition to P8vZ I really would think that, especially as encompassing as it is and it ties in city properties, it should also go to the Airport Commission as a comrx~ission that probably has eoxnmen.ts on the biggest pieces of land under one ownership in the city. MOLLO'Y: And I, you know, if I could respond to that, 1 have no problem with that, you know, I mean, the rxiore the merrier. The, you know, these are some ideas I had. Some of them axe a little hit vague, but you know, I pulled them out of the Palmer - code, the Anchorage code, and, you know, maybe there's different ones or mares specific ones like traffic, you know, analysis or something like that, that Planning & Zoning might waxzt to lack at or Airport might have other ideas, and, you know, I have no objection to that. . PORTER; Any other comments? Mr. Koch, Mr. Ross? ROSS: No. Partial verbatban txat~.scribed ar~d submitted by: Carol ~. Freas, City Clerk ~~~N~.4X CETY COU111'CI~ MEETINCx . ~ ~ ~~ ~ ~ : MARC]f~ 18; 2449 ~ ~ ~ ~ ' .. . ~ ~ ~ . . • . .~ .PA~tTXAI'r'VER$AT~M ~ .~ ITEM ~'7: ~Disae~ssi~an, -- Draft Ordinance --- KMC I4.2Q.27C}/Amendment Procedures. PORTER; Council, we now have before us a discussion of draft ordinance, Kenai Municipal Code 1.4... ROSS: Madari~t'Mayor? PORTER: Yes. ROSS: Before we leave the calendar, l rxeed to whine. I'xn not going to iae able to make the meeting on May the 28t~. PORTER: Oh the work session. ROSS: Yeah...I won't be in town that day. PORTER: Council~x~an Sxxxalley, are you going to be there for that? SMALLEY: I'rn still booked. ROSS: I'rn going to be out of town. l1~IOLLOY: ...reschedule it then. PORTER: l-Iow about the 26t~? That's on a Tuesday. ROSS: ~ That would work for me but.:. MOLLOY: That's akay...I ha.~re na problem with that. PORTER: Let's switch it back to the 2gtn then. SMALLEY: l have a question mark on mine, but right novv it's available. PORTER: Okay, the 2gtr~ of May for the smoking work session. Six p.m.,,Tuesday the 26th. Okay? KENAI CITY COUNCIL MEETING ~PARTIAL.VERBATIM MARCH ~ l$; 2p09 PAGE 2 Now, go on to the draft axdinance, Kenai Municipal Code 14,2(}.270, amendment procedures and that would lie Councilman Malloy. MOLL4Y: Thank you Mayor Porter. First l`d like to recap a little and then talk about maybe what I would like to, hope to see happen, During a council a;xreeting in. January, l expressed some concerns aver a Iack. of written standards in the Kenai zoning code to guide the Planning and Zoning Comrxkissian and the city council in making decisions on rezozxing applications and the existing ordinance that's proposed, well, the initial draft are on pages 333 and 334 of the packet. And, you know, generally what our requirerxients are under (b)(3~ is, e~ccuse rne, {b)(2), is you know, we consider them if the rezone area contains a xninimuxrk of one acre and we don't if there, if it's substantially the sarxke as any other proposed amendment subxx~.itted within the previous nine months. Then, you go down to (c) on~ e~cisting amendment procedures, you have a conopleted application that's reviewed, con~rnission holds a. public hearing in accordance with requirements of the chapter, and then over on. 334, the cozx~mission shall, upon public hearing, word it's, excuse me, written recomznendatiorks to Kenai City Council, and then., the Council, in accordance with the code upon public hearing, xnay or~ may not adopt the amexdment as~ an ordinance. Sa when, you.Irnow, ~sxrhexk staff reviews the applications and xnalces a report to us, there's, there's very tittle that they have to deal with, you know, just things like, is the application conrxplete; does the; is the area axe. acre or more; is it consistent with the Comprehensive Plan; and maybe whether there's been soxn.e relevant changes to the map since then that ~we should consider. But there's case law that has a whole lot of other, you know, requirements that, that, you know, that can capture the city if we don't da things prapexly, like under a lot of those Griswold cases, they can invalidate zoning decisioxi.s which are the result of prejudice, arbitrary decision making or improper motives. You know if we violate substantive due process, if we have no reasonable relationship to a government purpose, if we do spot zoning. In looking at that, they consider the consistency of the amendment to the Comprehensive Plan, which we do, the benefits and detriments to the owxaers and adjacent landowners, which sometimes we do or we don't do, but it's not required in our evaluation process, the community and the size of the area rezone. You know, I think that setting out some more specific standards that we would Iack .at, kind of a list of factors to be evaluated, would result irk some in good decisions through the public process. I'm not sure if these are the best ones ar if they fit our ~~ KENAI CITY COUNCIL MEETING PARTIAL VERBATIM MARCH 1S, 20p9 PAGE 3 ~ ~ ~ . city. I've taken these primarily from, you lulow, the City of Palmer and the Anchorage code, and already there's been some changes from the initial draft, I think Vice Mayor Ross, he was right on, we can't do a five vote thing, he was right on. I had a goad meeting with the administrationz. I adopted, this adopts same of their suggestions. I'm not suggesting that they agree with this or anything like that. I would be interested in what they have to say about that, about this. I would be very interested in what the Planning and Zaz~ing Commission has to say what they think standards should be for our community, particularly maybe Phil Bryson who has been on there through the years and knows a lot mare than I do about this. Vice Mayor floss suggested that the, you know, .the Airport Commission. might be good. for input. Okay, what, so that's, you know, basically ~urhat my background is with this. 'What my present intent is, you know, I was originally thinking that maybe we could send this draft to Planning and Zoning as a starting point, far their review, at their April eighth meeting, cause they're looking, they're going to look at other stuff relating to the limited commercial zone. Now I'zn thixag that's not realistic, because of, you know, in "the interim, the MAPS neighborhood has proposed a special zone arxd that naay be on their agenda far that night ton, you know. And, you know, and then I know there's another work sessiaxa. that they're going to have on cell towers and they're going to try and coordinate that when people are in, so, so I guess, you know, I'rzi really interested in seeing the dialogue anal discussion on this. I know what's going to come out is probably going to be very different than what we started with and you know, that's the way it warps. i don't want to say they've got to deal with this April eighth. I guess I would leave it up to administration. and Planning and Zoning to schedule a work session on this when it . works for them. I`d like to see them start maybe with it within the next three months, you know, and part of the reason for that is I would like to see some serious thought an it azkd if you pile too much, you know, on people, it's not going to happen. So, thazak you. PORTER: Thank you. Is there any questions ar eomxr~.ents? Councilman Ross. ROSS: Madam Mayor, I, I appreciate the approach that Councilman. Molloy is taking and his realization that as they work with this language and look how it's been used elsewhere that there may be modifications. I don`t want to see this become a, a fertile ground for imaginative attorneys in the future and sometimes when you don't watch your language, nothing personal there, sornetirnes if you don't watch your language .when you're crafting things, you spend more time arguing about language I~ENAI CITY COUNCIL MEETING PARTIAL VERBATIM . MARCH l8, 2049 PAGE ~ thaw the result you're working toward and i know Anchorage has had that experience ire. recent history, with some of theirs. The reason I think the Airport Cornznission should be engaged, especially when you read (g). When this City set up zoning, and it's not been that many years ago, it's been over forty;"but when they set it up, they zoned certaz~n areas and they said everything else is going to be rural residential until we decide how it's to be used. Well, that's worked nut fairly well, though we're goixag to have differences as we go along. But what happened at the airport is, that the land was transferred to the city to support the airport ~- to be developed in support of the airport. The city didn't want to call it rural residential, so they put it and called it conservation and they dray out of it as they need it. At that titn.e, you know, forty years ago people were thinking conservation is like a land bank. Now conservation takes on a whole different term and sa every time the airport looks at doing anything with that land, you have people say, "wait a minute, that's corservation" and Conservation nowadays has more of a green term than. it did a land baxak. The federal governzxaent would never have transferred us land to put into the conservation setting today that was to be used in support of an airport. And so, i think the Airport Commission really needs to get engaged, especially as some if these things are applied to airport land that the federal government transferred us for fhe specific operations of that airport, having these criteria and especially (g~ applied to them. And so, it's very important to me that it goes to the Airport, that the administration works with bath P&~ and the Airport Comr~aission to make sure that whatever we came out with does not have language that lends itself to now ali of a sudden, we have to do economic impact statements on and on and an, But, I appreciate the approach that Councilman Molloy has taken on it..I do, think it needs to go to both comrnissioxzs and have a lot of work done.. And, I agree with him, this is going to be lang~term project -- nothing that can be dare in the month of April. PORTER: Thank you, Are there any other comments regarding this draft?. Councilman Moore. 1VlOORE: Thank you mayor. Just a question for Bob: Did you say you went through this with the administration once already? MpLLQY; Yes, but it was, it was just ta... PORTER: Could you make sure you talk into your mike? KENAI CITY. COUNCIL MEETING PARTIAL VERSATIIVI MARCH 1 S, 2009 PAGE 5 MOLLOY: ~ sure..'. PORTER: Thank yau. MOLLOY: It was to exchange some ideas arid, but, yau know, and I'm doing in. draft format, so they can have more tune to deal with it because they were not, you Know, there was a lot going on, so, so like for example, (c)(S1 was changed based on conriments from, the city attorney, you know, because the previous one said we can only do it if, you know, and this says that we`ll consider these factors an•d determine if it is in the best interest of and I took out the vcrord "only" and stuff like that, based on his recommendation. And, there was sozue, a discussion between us regaz-ding (g) which Council Merrrber Ross is talking about. It's trying to deal with the situation . where you have a lot of protest over a xezone anal the early one was five votes, because you know', I took that from the Anchorage zone. They had a super majority eight, but the vice rn.ayor was correct, we can`t do that without change our charter, so 1 changed, I changed that, The discussion was, you know, some people thought- that, you know, property owners anal adjacent landowners shouldn't have a special provision , everybody in the city should be treated the same whenever they come to testify or whatever and other discussion was the apposite that it affects them. sa there should be something that deals with that, and then the discussion was, can that be tracked anal then the discussion was, well yes, we could track that, you know, because we send out the notices and everything whatever. And again, you know, 1'm. not saying that there was a blessing of any of this, you know, but it was a~ dialog to exchange ideas arad that's it. MOORS: Can I follow up zeal quicki PCURTER: Yes, go ahead, MOORS: So, would say that, I mean, initially your purpose, the int~:nt, your intent with this ordinance ar going through this process is .to raise the bar for the ability to rezone properties in Kenai or mare clearly docuxzaent the process for rezoning. MOLLOY: Ah, I think it`s, you know, not to raise the bar, so to speak, it, you know, but to have a list of factors that we evaluate when we're doing it. Naw, we do some anyway, but we don't always. Like, like for example, when we were, during the whale process with ~J~TaI-Mart, yau know,when we were looking at rezoning that property, we did a traffic analysis impact statement and we looked afi traffic arAd there's been a lot of cozx~plaints by people over traffic and yau knovcr, Dave Spence from the school district came to pla.nnirlg and zarsing and said,~yau know, we don't want to see KEI~TAI CITY COUNGZL MEETING PARTIAL VERBATIM ' MARCH 18, 2009 PAGE 6 businesses that are going to attract•kids running across the highway. What are you going to do about that? A.nd so, you knave, some of this is subjective, I realize that and might not be the best words, but like, page 33~k, (bJ tries to deal with that by saying the proposed axnendrnent is consistent with the public health, safety, welfare and convenience, You know, sa that would be sorxxething that we would look at regularly when we da the process. Maybe thtzse aren't the right wards. Maybe saying something about txaffzc specifically. Another Thing we did when we did WaI-Mart, there was a, that, that creek. that we're talking here too, there was a, a, you know, we had a protest that was based on the, you know, the relationship of the creek to the property and it being an anadraxnous stream, you know, I xxzight not have the right word, but, you know, fish-spawning stream and, and in the process of dealing with that, you know, we did deal with that and we did some mitigation and Wal-Mart modified their site plan to deal with snow thixzgs so that it wouldn't be dumped in the creek, but so, we were doing it kind of ad hoc, but not regularly and if you have something that you look at regularly, you. can defend it with the lawyers and maybe have a better decision. So, so that's sort of what, so, I'm not, this is sort of different that some of the other things I've done. The way I see this is, it's kind of what l said before, is putting a. ball in play. i don't know what's going to happen with it axed that's okay. That's the way things are. These may not be the best words. Administration may have other standards that they think there should be in place of these. Platanizzg and Zoning may have some. Airport may have some, you know, and that's fine. PORTER: COUncilmaxz Molloy, so it's your intent at this time to send it, a, number one, to the Airport Commission, Planning and Zoning and get some feedback on this. MOLLOY: Right, I'xn asking council... PORTER: The administratioxi... MOLLOY: ...ta join in doing that and if you want to send it to airport t`irst, you know, that's fine, however you like to, I'xn open to anything, but l think this discussion and debate is a good thing to da. PORTER: Okay. All right, what's the pleasure of couxxcil~ Cauncilrrzaaa Smalley. SMALLEY: Thank you Madam Mayor. I, discussion and debate is obviously a very good set of tools to have. I appreciate Council Member Molloy's work on this. I, I KENAI CITY COUNCIL MEETING PARTIAL VEI2BATrM MARCH 18, 2009 PACxE 7 agree it should go to Airport, Planning & Zoning, I have the city attorney, city manager working-with it, city planner and double -check and make sure we have the right buzz words that we need to have. To me, it's a good attezrxpt to add hatter defining process when I look at it, but there are same things in there that I am confused'by and, and I think once it goes through that filtering mechazxis:m of the cornrnissiorls and administration, we'll have a much better, perhaps even a different document to.loak at. ~ . PORTER: Thank you. Any other comments from council? Councilman Ross. ROSS: Just, the last paizxt that Councilman Molloy brought up when he said, perhaps it should go to the Airport Commission first. With everythixxg that's on the plate of Planning 8~ Zoning, that probably is a very good suggestion an his part that it go to Airport first and let them massage it and see what they coxxxe out with. PORTER: Okay. MOI,LOY: And, and that's fine, that's a grEat outcome. PORTER: Mr. Saxzdahl, da you have that? SANDAHL": ~~ Yes. PORTER: Thank you. Okay, is there any more discussion MOLLOY: Thank you. PORTER: Thank you. MOLLOY; I appreciate the time. END OF DISCUSSION. Partial verbatim transcribed and submitted by: Carol L. Freas, City clerk Community 13eneti[s A~rocrnaols Gaining in papuladiy K I.AW OIrTN13 LAND 3!231[19 3; l2I*M ~., A bfog on land use #aw and zoning • Ahout_tbis B1e¢ . ftf? ut t 4..~dLuS • ~,j~s, ~T 1 ntarast . • Uneemine Conferences Pos[od by: raay Selktn i ~abruary l0, 7[108 Community ~eneYts Agreements Gaining in P4p~tlarit~ Beginning in the fate ~I99os as a mechanism for community groups #o organize and work cailaborativety to communicate and negotia#e directly with developers for the purposes of addressing a host of community Impacts, community benefits agreements {CBAS) werta developed. Qften assooiated with proposed major redevelopment projects including sports arenas or large-scale housing and office park projects, !base privafe~agreements have the potontial to empower communltles to ensure thatthelr needs and conaarns are net ignored, _ and era rather incorporated into the project design, process and outcomes. In additipn to seeking appropriate environmental mitigalians, CBAS may contain negotiated prdvlsions dealing wlttt, amohg other things: project labor agreements, hiring gaals.for community members, Job trAining far the workforce, living wage agreements, suppart.far cammunlly'amenitles.lnciuding schools and'other youth ceiltered~ ' programs,and commitments of afffardable houain8.. While mu#tlolpalitl'es may be tlmited•in terms of the types send magnitude~of condlflans . ~ they may impose upon applfcati#s (+tiheiher through development agreem®nts, envirahmenta! mltigalian statutes or other taws}, these piivaia agreements can be mor® flexible as they are~in essence bf~lateral aontrac#s, Typically, In exohange for the project developer's commltinan# to~the negotiated terms of fire agreement, the community coalition (who is supposed to represent the community as awhole) .agrees not~to challenge the project applicatlan as It makes its way through the government review process. Of course, these private agreements do not bind the government {unless they valun#arily choose to incorporate the agreement into their decision making process where they have authority to do so), nor da they guarantee #o the developer or to the community that the government will approve the prajea# In the manner envisioned by these partied, and they do no# guaranies that another community group or individual will not bring Isgal action against the proposed project, pesplte the potential drawbacks, CBAS are gaining In popularly around the country. lindoubtediy, [hers will be many legal Issues [:hat courts and l®gislatures will have the opportunity to decide, In the meantime, for more information on this developing area of the law, sae the following sources: An outstanding bfag ail CBAS was recently launched by my calteagus Amy Lavine, Esq. ai: httpJlcommunitvbene,~lls.blo4snot.com Additional papers and arilates an Ct3As Can be accessed at; httuJ_~+~w.governme law.pr !g_flL~gLC13®sadt ~ , httgllp~ers.ssrn.corrmisoi~lpap~rs.cfm9g~,s~t r~Gf...Ld~.4~~7.~~ A forfhcaming symposium Issue of the Journal of Affordable Housing and Community Development i,aw focuses on CBAS, Pasted in ~ ru t ,1~nvi'ronlnental,,~,stt~a «NY,~nelfatc ou[t IJ~fd,~,ti Rezo 'rune Dental ~atiltc~e is_S fy~jy~,,,[]ue~ra~~s Claim E d' ~ tiu to ' e cc 13u' s V P s' o [ o e n ~ » ,' Leave ~. lrespnnse ~ ' lvs[»B* Emait* Website ~~~ ~' I~ I i Submit Camrne~tt ~: [; e i ht[p~f/lawonheland.wwrtpress.corn!zODglOxllO/cornmuni[y-peuoCss-Agreemen[s-gelni[ig•i[a•popul[uiryl .. l prS ,t .., ..._ _. Abst~agt::,~:;r .:.:.,_..:. ;::.~ ~ ,_~.:; ,: ~ .. j f ~ FaolnotAS. B4 ~_ ~~.. ,,,. ~tttt ssrn.cottt abstract~3.~.33.670 ~ _ _ _ _ _ _ ,.,.„.,._. ... ~: ` s. ~ ?"rr~'' ~.....: .,..v .............~.........,....__.....,..,..._..,w., -+ '.s: .. .. . ~': :~'.. -t .~- r ~ Community i3er-efit Agreements: New Vehicle far ~. . ~ .. ~ Inves~nelnt in.Ame~icn`s Neighborhoot[s ' ~ • f~ayid-Matceti~ . . ~ ~ Tulane University Law School 2097 Urban Lawyer, Vn1.39, No. 3, p, 867, Summer 2007 Tulana l?ubJ)c Law ~esearc?r Pr3ner [+jrL D7-i8 Abstract: . Corrtmtinity Benatit Agreements {CBAs) are a relatively n»w feature ofttte land use planning process for maJor public-private developments. Tha CBA !s a legally enforceable sonlract negotiated directly between the developer and a broad based community caalltion. Developers agree to provrde vatusble benefits to the community {e.g„ park space or recreallonatfacilities, a truing wage for wofkers}, and they recetva in turn valuablo support from ttta commun[ty far the proposed development. Both algnatarles to a CBA want to sae the project buE{t {otherwise, the community gets no benefits), so CBAs era not a vehicle for 1VIMBY~1ylo ("Hokin my back yard"}opponents. CBAs put devetopers Into a direct dJalogue with represeniatlvea of the community mast immedJateiy Impactod by their proposed projent, thereby'onhancing the "democratic legittmecy" afpublic-private partnership agreements that are uaueny negotiated between govarnmentaE officials and private davelapars with lJttte or no parl[cipation try nongovemmsntaE stakeholders, riubllc affialals, private devolapers, and community organizations share a common Interest in segoBeating and 8xeouting CBAs. Consequently, land use lavryars Head to understand how they can assist their public, private, and nonprofit clie>3ta fn conducting CSA negnUatlons• Keywords: community benefit agreement, community development, land use, pubfio-private partnerehrp JEt. ClasrrfflCations: K39 Working Paper 5erles ~:'tlsta~pogtad: iti8y.21,-2tS[)8. t.SSt.revlsed: tutay2l,'20{18~ - - ',~~' - l ' ! chicle tor lnvealmenl In runertra a ~ ~ j ~ ~ ~ ~ ~, 867, Summer 2007; Tulaaa Public l.aw Research ' ! ~ '." ~'~'-'~~ ~ ~ '~ Iraatatt3tR70 ;;: r ' $,~ ..,. d.t . : . .. .•.? '1},'~ • - ~ '~ ,.r.r ...~: :'pa r +~ ~'E"~1 . i 5 :' ~~ : 1 f 1 = r try 3 ~'. Y e ~ r ; M ~~ lit ~ 2009 Social Scleace Efechonla Publishing, Inc, All Itlghts Jtaserved. Terms of ilea This page was served by apoflo8 to 0•tgi asconda, Papek?~tetf~ttisg ~?; j ~poivnlo'atts•; ` = •:ti3" liawnload~Eiank:.::'',.`88,079 j Pootriotee4 ~• ~ ~ . , ~ 84 ~ , ;Pro 1=orma~3lnalvsla . . I4.gI ' ~AnalyzeCRE . ` nevelopm®nl Deals, ~Slructure i]eals &t:xpose 1 Risk '. vnvv.ar~ussolrware.um er ~ il!# I nvest in• 5ocially ResponsJble Bank $1 Minimum. Qpen An 'Account Today!, Shara8anh01ract.50Kcam FCE tae elite !Providing employers with benefit solutions for 29 yaars• wYrtY rcabanafi15.U0a1 r m t4 ee enefit Ingo :Employee Benefit Plnd I what you're looking for! swwn.rxkulclc.cam F ' Cflrrrrnunity BanefftBanefft Jain Cake & our partners In making great programs ;far your community. LlvePoalevely.tomlJoinlls e ( ~.J,~ ~~m~~x~~$~ benefits ~1eexne~t Frorra Wikipedia,the free encyclopedia . {Redirected from Community Benefit Agreement} A Coinmt~nit~ BeteclRts Agreement in the USA is a contract signed by community groups and by a developer to provide. economic development to a local community or neighborhood.- Xt is generally legally enforceable, depending on the jurisdiction. A similar agreement ih. the United Kirigdom~ is lritowri ~as a ~ ~ ; Section i.Q6~ag:reernent. ~ . These agreements set forth a range of community benefits that the developer agrees to provide as part of a development project in exchange for community support of a given project. Successful comnnuniry benefits agreements rely heavily upon•the formation of amulti-issue, broad based community coalition including community, environmental, faith-based and labor organizations. ~ontent~ ~ Purposes ^ 1. X Challenges of economic development ^ 1.2 Movement 1.3 Parties involved ^ 1.4 Possible benefits a 1.5 Monitoring ^ 1.61~nforcement • 1.7 Other Benefits ^ 2 Concerns and issues ~ 3 Recent examples ^ 4 heferences ~'urposes A Community Benefits Agreement may have several purposes. challenges of economic de~elopmen~ While economic development projects are often. heavily subsidized by taxpayer dollars, they produce decidedly mixed results far citizens. While many of these projects bring sorely needed jobs anal tax revenues back to areas that have beers disinvested, there is usually no guarantee that the "nipple effects" of the project will benefit current residents. Many developments cause inner-city gentrification, pushing out low-income residents as housing prices raise, (.}ther projects create large numbers of dead-end low-wage retail and service sector jobs. Even after investing billions of dollars in economic development, many metropolitan regions continua to experience spiraling poverty, sprawling, unplanned growth, a crisis of unaffordable housing and declining quality of life for law and middle, income communities. LViovement As local governments grapple with their responsibility to shape development and land use patterns, a new cnavement has emerged to challenge conventional thinking and offer a broader visian..This movement is centered on the concept of cormunity benefits--the simple proposition that the main purpose of economic development is to bring measurable, permanent improvements to~the lives, a1= affected re~ideizts, particularly ...those in low-income iieighbarhaods and communities of~ealor.~ Treading organiz.ation$ incIuda The ~ ~ . Partnership~for Wanking 1: ami:lias, Las Angele§ :A,IIi$nce for a~~l~evi+.~Econi3my,:G,eorgia Stand-~li.~and . , Pittsliiurg UN'ITEI~:'This•-movement: pressures the public sector to play a more strategic role in land use planking anal urban ~gravvth; in order.to leverage its multibillion dollarrnvestnaent iri the private sector towards creation of good jobs, affordable housing,~and neighborhood services that improve the quality of life for all residents. The community benefits tnavement began in California, where organizations in >r.os Angeles, San Diego, San Jose and the least Bay have worked individually and collectively to realize the tremendous social justice potential of economic developrraent and land use planning. The movement is spreading rapidly to other regions in California and taking hold in metropolitan regions across the country, inclnding Denver, Milwaukee, Seattle, Pittsburgh, New .Iersey, BOStan, New Haven, Phoenix and Atlanta, Parties anvolved CBAs are generally negotiated_between leaders of community groups and the'cl~veloper, prior to governmental approval of the project. However, there are innovative examples. where coalitions have established standards Far development projects during the planning stages before the developer is identified and the specific plans are determined (i.e. Milwaukee, Atlanta}. Sometimes a government agency will play an active role in CBA negotiations. • Community organizations and labor unions must build a broad based campaign with comprehensive and ' concrete requirements of a proposed project. ~~ • Developers will negotiate with community representatives to gain community support to move a proposed •'` project forward. Some developers want to warlc with community groups in order to promote community involvement whether or not project approval is dependent on community support. • Government agencies may or may not be involved in CBA negotiations. Government representatives may , , . act an the behalf of the community in negotiations with the developer. Attorneys will become involved since CBAs are enforceable contracts, with legal consequences far both developers and community groups. Ideally, the community organizations will start the negotiations directly with the developer and attorneys for both sides are brought in to formalize the contract after an agreenrient has been reached. Possible benefits Each particular CBA will depend on the community's needs, the size and type of the proposed development, and the relative bargaining power of the cnmmuniry groups and the developer. Benefits contained in a CBA may be provided by the developer or by other parties benefitting from the development subsidies, such as the stores that rent space in a subsidized retail development. Typically,-CBAs include job quality standards, mechanisrns that ensure low-income residents will leave access to newly created jobs, and affordable housing requirements. Bane@ts that have been negotiated a part of CBAs include: • A living wage requirennent for workers employed in the development. • Requirement that construction contractors pay prevailing wages • Responsible contractor provisions that ma1Ge it easier far employers that pay goad wages and provide job .. ..:.5 .- ~~ training can compete for construction andlor property management contracts, • A "first source" hiring system, to target job opportunities in the development to residents of low_income neighborhoods.. ~ . • Space For aneighborhood-serving for aneighborhood-serving ohil.d-care center. ~. • Environmental standards. ~ ~ ~ ~ . Construction of ~arlCS and recreational~facilities. ~ ~ ~ ~ .. ~ ~ • ~ ~ ~ . ~Cammunity input in selection of tenants of the development. ~ ~ ~ ' ~~ Camrz~unity i,rivolvement in environmental remediatiori~ efforts. ® lrovisions that~address parking and-traffic and the increased pollution that can result from new development. • Construction of affordable housing. C13A~negotiation process often improve the quality of development projects, by creating a clearinghouse For identifying and addressing community residents' and workers' needs. Though developers are often initially recalcitrant, they quickly come to realize the benefrts of working with coalitions that bring al! stakeholders to the table. Participating in CBA negotiations eliminates surprises in the development approvals process, a~zd provides developers with community support that can help their projec#s navigate the public approvals process quickly. Any development project of significant size has to go through a complex governmental approval process. As a proposed project moves through this process, government officials and community groups may request that the project provide particular community benefits, or that the projec# he tail'dred to the needs of the community. C$As enable developers to gain a coherent and comprehensive account of a ca~mmunity requirements rather than having to engage community organizations one by one. ~varall CBAs can foster a collaborative relationship between developers and community members rather than an adversarial relationship. Monitoring Community groups should consider how each benefit in a GBA will be monitored. Financial commitments -" and other one-time benefits are probably the easiest aspect of a CBA to monitor. Much more challenging are ..' ~angoing tenant commitments, such as living wage and local hiring requirements. The most effective approaches include affirmative reporting requirements as well as the ability to investigate complaints of non-compliance. Reciuired reports should be no less frequent than once a year, should be publicly available . . and should be due 6y a particular date each year.l~owever the details play out, community groups should never settle for a monitaxing system where performance reports are not verifiable. ~nfQrcern~nt This depends upon who signed the CBA and what enforcement provisions it contains. As a GBA is a legally binding contract, it can be enforced only by a party that has signed. it. CBA's that are incorporated into the development agreement can be enforced by the government as well as by community groups. other Benefits The camrnunity benefi#s approach makes the development better for the community, developers and local officials by creating an overall win-win-win scenario. This approach facilitates communication between developers and local officials through which community needs and concerns can be addressed. The end result is a development project balances the needs of the corx~munity with the vision of the developer. ~~ ~; ~ • ~' linc~asi+veness: The CBA negotiation process provides a mechanism to ensure that community concerns are - heard and~addressed.l~Vhile some cities da a good job of seeking community input and reslZOnding to it, many do not. Low-income neighborhoods, non-English speaking. areas, and communities of solar have historically been excluded from the development process. ,Laws concerning public n4Cice and .participation 'are poorly enlorced,:and official public hearings~are•held,.at times ard~places that are•not neighb~arhpad~ .~ ~~ friendly. i~ftying~~a.CBA; negotiation pr©cess hells to acldr~s.s. these.prc~bEems,.providing a for'um~~tiir ally parts ~~ ~ . of ah affected community. :~ ~ . ~ ~ ~ ~ . Economic grovi!~h: C13As support~economic grorvtli by allowing businesses to develop and expand iri a way that is sustainable aver the long term. CBAs also alleviate some of the negative side-effects associated with economic growth. Enforceability: C13As ensure that the developer's promises regarding community benefits are legally enforced. Developers "pitching" a project often make promises that are never written into the development agreement, or are never enforced even 'rf they are included. •This is especially true of promises about jabs being created for local residents. CBAs commit developers in writing to promises they make regarding their projects, and make enforeements much easier. Accountability: CBAs enable citizens to hold governments accountable far the use of tax dollars. Public subsidies should not be applied to development projects Chat will increase poverty.,Additionally, C13As help the public, community groups, government officials, and the news media monitor a project's outcorrre. Having all the benefits set forth prarriotes transparency and allows everyone to understand anal assess the specific cammitrrrents made by a developer. Coalition-Building: At the heart of the community benefits strategy is coalition building, Organizing and maintaining a coalition, facilitating compromise and crafting~a shared agenda is essential to creating a successful CBA. !f enough stafceholders come together with a common vision for economic development, developers are likely to want to negotiate an agreement. The CBA process offers developers and attractive alternative to litigation and po3arizing public debates. - Efficiency: CBAs place the requirements and plans of all parties iii the table from the beginning. Such agreements generate a collaborative relationship from the beginning avoiding community objection and ' costly delays. t Claz~lty of Outcomes: CBAs provide local gavernmetrts with the information they need to show successful t' delivery of promised benefits, such as creation of jobs. Very few state and local economic develaprrrent entities can quantify their outcomes when questioned by legislatures or the public about the success of their programs ar the public's return on investment, CBAs can be a vehicle far governments to gather and ,~ - maintain information that demonstrates that Che jobs and other benefits actually rtaaterialize, Concerns a.nd iss>lres There have been some eriticisrris of CBAs. This has been, generally, in the context of costs and benefits of such agreements.lil decent exarnlp~es There have been several recent examples of the use of such agreements. The new Yankee Stadium was built in part with a benefits program included.t21 The plan included ~28,OOp,00© in grants and free tickets for arganizations.l'1 However, at least one scholarly article does not consider it a representative agreement, because it was negotiated by elected officials, not community groups. ~ Moreover, there Yves no requirement that the grants be limited to Bronx organizations,lzl community groups i~ ......~ . f. I.~ }` actively apposed the new.stadium and-the CI3A,l2l~and the deal-requixes.the appoitatment of a trustiee appointed by those very public officials.i2i As of Dctober 2408, no such tivstee has been appointed yet. . 1. ~ Patricia Sailtin; "Understanding Cott~muiiity Benefit A greements: 4pportanities and Traps for Developers, ~ ~ ~ ~ ~ - Municipalities and Community Urganizations; `found at SSIZn abstracts {I~ttp:l/papers.ssm.cam lsal3lpapers.cfa;~abstract_id-1025724) .Retrieved October 20, 2008. 2 ,, a b c d e Williams, Timothy, "$28 Milllon~for the Bronx in the Yankees' Stadium flan," New Yark 7Fmes, fa~uid at N'YTimes ~vebsite (http:l/www.nytitines.com12006/03l22/nyregion1226ron.x.html?_r~i&oref~slogin) .Accessed October l5, zoos. ^ Community Benefits Agreements: Making ,iaevelapment Projects Accountable by Julian Cross with Greg 1:.eRoy and Madeline Janis-Aparicio ~+ Community Benefits Agreements: Tha Power, Practice, and Promise of a Responsible Redevelopment Tool by the Annie E. Casey foundation. Retrieved from "http://en.wikipedia.orglwiki/Cotnmunity_Benefits_Agreerrzent" Categories: Contract law ! Carnmunity I Projects 1 Economic development !Law stubs Hiddec~ categories; Articles with peacock terms I Wikipedia articles needing copy edit from October. 2008 I Ali articles needing copy edit i Articles lacking in-text citations I Wiltipedia at#icles with passible conflicts of interest . a This page was Last rnndified an 22 March 2409, at ~0: I7. ^ All text is available under the terms of the GNU Free Documentation License. (See Copyrights for details.) Wikipedia~ is a registered trademark o.f the Wikimedia Foundation, Inc ., a U.S. xegistered 54~1(c){3) ; tax-deductible nonprofit charity, TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Amend KMC 200902 14.20.020 Development Requirements 1/28/2009 Approved 200803 14.20.255114.22.010 Celi Towers 1/28/2009 postponed 200904 14.20.260 Enforcement 2/11/2009 Approved 200908 14.20.240(c)(6) -Mobile Homes 2/25/2009 Approved Conditional Use Permit 200905 Vocational Center 211 1 12 0 0 9 Approved 200907 Gift Shop - in residence 2/25/2009 Approved 2009'15 Assistod Living Facility -Senior Living 3125120D9 Approved Landscape/Site Plan 200914 AK Digital -Stanley Chrysler 3/5/2009 Approved 200997 Span Alaska -Kenai 3/11/2009 Approved Preliminary Plat 200913 Kenai Cemetery Expansion 311 1 12 0 0 9 Approved 200916 Hollier Subdivision t~lo. 6 3/25/2009 Approved Rezone 200901 RR1 to LC 111 412 0 0 9 Removed 200906 RR1, C to LC 211 1120 0 9 FaifedlApproved @ Council Tuesday, April p7, 20D9 Page I of l v\ 0 N A ~~ `~ W A O V ~ ~ U U U ~ U U ~ O ti °o °o o° °o °o °a °o °o ~ ~n o 0 0 0 0 ~n a o ~ ~ M N ti N 6/3 N M 69 69 Nf~ 69 64 69 d3 69 .U.~ N N ~ ~ ~ ~ G ~ ~ ~ +v-' H Q ~ ~ N ~ I^ C fi ~ ~ o N ~~ °- c ' ¢ Q ~ci ~ E ~ ~ m ~ ~ '4 5~ w ~ c!' U N ~ Q f0 ~ Y o~ m ~l0 ~ F" ~ m o ~ m ? s ¢ r d v N Y m W J Q d~1 a N_ y J T J ~~[yy .J NN J Q ~ O J t 9 ttl ,~ ~ = O a ~ ~ ~ ~ o :? ltl ~ f6 q ~ ~ o J ~ ^ ~ ~ m w% cn (/) c Q1 .x ~ a i Y ~' N ~ ~ N ~ ~ ~ d ,a ~ J ~fi l!'1 ~ ~ 00 ~ O ~ O N ~ O M N V N ~ ~ ~ h in ~ ~ .C O N U L!J U J C ~ ~ ~ ~ J ~ ~ a ~ ~ ~ 'e ~ C lL ~ ~j C rfj ~ ~ r M ~ (~~) M ti O N O CD M ~ M W (00 ~ f~ ~ W ~ I~ M M M ~ ti 60? 1~~ "'-I r~i A N N N ~ N N NO N NO M f~ O ~ O a N 6? O N N N M ~ r ~ ~ N M M M ~J ~.~a m ~ m ~ O Q O O O m m m m m m m m m 1 J1 ~..,, 0 b4 ~-~~ - -___- ~ ~~ the ca'Gy v f ~~ K~NAI~ SKA "~/`~~a e with a Past Gi with a F~t~r~e" .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ Telephone: 907-283-75351 FAX: 907283-3014 ~~~~ 1992 J, MEMO: TO: Planning & Zoning Commission FROM: Nancy Carver, Planning Assistant DATE: April 8, 2009 1st Quarterly Report 2009 Planning & Zoning has four (4) pending code cases from 2008: • One {1) case has been granted an extension. • One (1) case has been rescheduled for court on April 14, 2009. • Two (2} cases from 2008 are pending enforcement until the amendment to KMC 1,20.260 becomes effective on April 18, 2009. Along with the above cases from 2008, below is a summary of cases opened during the period of January -March 2009, Code Enforcement 2009 Junk Vehicles 1 Debris & Junk 2 Si n Code 3 Buildin Code 1 TOTALS: 6 Along with the above active code cases, administration is working with six (6) individual property owners to eliminate violations without taking formal action.