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HomeMy WebLinkAbout2009-07-08 Planning & Zoning PacketCITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 8, 2009 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Phil Bryson *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. *June 24, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -03 Amended 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 towers /antennas are a conditional use in the RR and CMU zone. (Postponed 6/24/09.) b. PZ09 -36 An application for a 4.9 feet side setback encroachment, for the property known as 135 N. Willow Street, Kenai, Alaska. Application submitted by Jonathan Peters for Arctic Barnabas Ministries, Inc., 135 N. Willow Street, Kenai, Alaska. c. PZ09 -37 An application for a 4.9 feet side setback variance, for the property known as 135 N. Willow Street, Kenai, Alaska. Application submitted by Jonathan Peters for Arctic Barnabas Ministries, Inc., 135 N. Willow Street, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Ordinance No. 2419 -2009 Increasing estimated revenues and appropriations by $7,299.30 for acquisition of property foreclosed upon by the Kenai Peninsula Borough for unpaid property taxes to be retained for a public purpose by the City. Discussion. Agenda July 8, 2009 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: Work Session Immediately Following Regular Meeting Proposed Amendment Wind Energy Systems (Wind Turbines) Page 2 8. PENDING ITEMS: a. PZ09 -18 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. 11. INFORMATION ITEMS: a. "Zoning Bulletin" May 25, 2009 b. PZ09 -38 Landscape /Site Plan Arctic Barnabas Ministries, Inc., 135 North Willow Street (Lot 5, Block 5, General Aviation Apron SD Amended) c. Department of Army letter addressed to Judith Bittner, State Historic Preservation Officer CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 24, 2009 7 :00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Phil Bryson *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. *June 10, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) 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 towers /antennas are a conditional use in the CMU zone. PZ09 -03 Substitute 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 towers /antennas are a conditional use in the RR and CMU zone. b. 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 a six -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 by providing a mechanism to apply for variances. PZ09 -19 Substitute —A resolution of the Planning and Zoning Commission of the City Agenda June 24, 2009 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 screening 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 developments may be required to provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for variances. c. PZ09 -34 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 some 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) add language to Footnote 25 to clarify that tattoo parlors are personal services; and; 4) require tattoo parlors, massage therapists, dry cleaners and self service laundries to have a Conditional Use Permit in the Limited Commercial zone (LC). d. PZ09 -35 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.20.050 be amended by adding a provision to allow legally non conforming uses to expand. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: a. PZ09 -18 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. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: Page 2 ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m. I -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: 1 -b. Agenda Approval Twait read the following changes to the agenda: ADD TO: MOTION: Commissioner Rogers MOVED to approve the agenda with the additions and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -c. MOTION: CITY OF KENAI PLANNING ZONING COMMISSION JUNE 24, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING 1 -d. Excused Absences Scott Romain R. Wells MINUTES J. Twait, K. Rogers, J. Brookman, K. Koester P. Bryson, S. Romain, R. Wells (all excused) City Planner M. Kebschull, Assistant to City Planner N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall 5 -a. PICA The Wireless Infrastructure Association Consent Agenda Commissioner Brookman MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. I-d. *Excused Absences Phil Bryson Approved by 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: *APPROVAL OF MINUTES June 10, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a -1. 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 towers /antennas are a conditional use in the CMU zone. 5 -a -2: PZ09 -03 Substitute 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 towers /antennas are a conditional use in the RR and CMU zone. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission had worked on the resolution in previous work sessions. Twait read the rules for public hearing and opened the meeting to public hearing. Jason Olson, AT &T Representative Spoke regarding the wireless infrastructure, noting he was opposed to the lot line setback and the height limitations of the resolution. Kristine Schmidt, 513 Ash Avenue Spoke in support of passing the resolution, noting she thought it was a good compromise. There being no further comments, the public hearing was closed. PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 2 Twait YES Bryson EXCUSED Rogers YES Brookman YES Koester YES Romain EXCUSED Wells EXCUSED Twait YES Bryson EXCUSED Rogers YES Brookman YES Koester YES Romain EXCUSED Wells EXCUSED MOTION: Commissioner Brookman MOVED to adopt Substitute Resolution No. PZ09 -03 and Commissioner Koester SECONDED the motion. MOTION TO AMEND: Commissioner Brookman MOVED to amend Substitute Resolution No. PZ09 -03 as follows: Commissioner Koester SECONDED the motion. VOTE: Page 1 of 8, a3 and a7 change county's to city's Page 1 of 8, b2 Page 2 of 8, 2 Page 2 of 8, 2 Page 4 of 8, J MOTION PASSED UNANIMOUSLY. change direction to directional change condition to conditional change 14.10.280 to 14.20.280 change cell phone to service in both places MOTION PASSED UNANIMOUSLY. MOTION TO POSTPONE: Commissioner Rogers MOVED to postpone PZ09 -03 no time certain and Commissioner Brookman SECONDED the motion. There was no discussion. VOTE TO POSTPONE: 5 -b -1. PZO9 -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 a six -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 PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 3 Twait YES Bryson EXCUSED Rogers YES Brookman YES Koester YES Romain EXCUSED Wells EXCUSED providing that some development may be required to provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for variances. 5 -b -2. PZ09 -19 Substitute -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 screening 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 developments may be required to provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for variances. Kebschull reviewed the staff report, noting the Commission had worked on the resolution in previous work sessions and the intent of the code was to maintain natural screening if possible. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue Spoke in support of the substitute resolution. There being no further comments, the public hearing was closed. MOTION: Commissioner Koester MOVED to approve Substitute Resolution No. PZ09 -19 and Commissioner Brookman SECONDED the motion. MOTION TO AMEND: Commissioner Koester MOVED to amend the resolution as follows: Page 1 of 3, 2a Add "and /or" after trees Commissioner Brookman SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. VOTE ON MOTION AS AMENDED: Twalt IYES 1 Bryson EXCUSED Rogers 1 YES PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 4 Twait YES Bryson EXCUSED Rogers YES Brookman YES Koester YES Romain EXCUSED Wells EXCUSED Brookman YES Koester YES Romain EXCUSED Wells EXCUSED MOTION PASSED UNANIMOUSLY. 5 -c. PZ09 -34 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 some 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) add language to Footnote 25 to clarify that tattoo parlors are personal services; and; 4) require tattoo parlors, massage therapists, dry cleaners and self-service laundries to have a Conditional Use Permit in the Limited Commercial zone (LC) Kebschull reviewed the staff report, noting the City Council requested the Commission remove the THS zone and auto repair section of the resolution. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue Spoke in support of moving fitness centers to conditional use rather than permitted. There being no further comments, the public hearing was closed. MOTION: Commissioner Koester MOVED to adopt PZ09 -34 and Commissioner Brookman SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 5 -d. PZ09 -35 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.20.050 be amended by adding a provision to allow legally non conforming uses to expand. Kebschull reviewed the staff report, noting this was another issue the City Council requested be separated from the Limited Commercial amendments. PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 5 Twait YES Bryson EXCUSED Rogers YES Brookman YES Koester YES Romain EXCUSED Wells EXCUSED Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue Spoke in support of the resolution. There being no further comments, the public hearing was closed. MOTION: Commissioner Koester MOVED to approve PZ09 -35 and Commissioner Brookman SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 6: ITEM 7: ITEM 8: ITEM 9: REPORTS OLD BUSINESS None NEW BUSINESS None PENDING ITEMS 8 -a. PZ09 -18 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. 9 -a. City Council Council Member Molloy reviewed the action agenda items of the June 17, 2009 City Council meeting and thanked the staff for the binder on wind turbines. 9 -b. Borough Planning No report 9 -c. Administration Kebschull noted two issues in the Borough Planning agenda pertained to Kenai, and she met with the MAPS representatives and would schedule a work session on the MAPS Special Zone for a future meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS None PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 6 ITEM 12: ITEM 13: MOTION: COMMISSION COMMENTS QUESTIONS None ADJOURNMENT Commissioner Koester MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:17 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 7 the of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09 -03 (Amended) 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 OF 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 RR AND CMU ZONE. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning does not contain a comprehensive regulation of the establishment and placement of communications towers in its zoning code; and, WHEREAS, due to the proliferation of cell phone use within the United States and Alaska there is a rapid growth in the number of communications towers being established; and, WHEREAS, the Federal Telecommunications Act of 1996 places limitations on the manner in which local governments may regulate communications towers; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens to enact an ordinance regulating the establishment and placement of communications towers within the City's boundaries that is in conformance with the Federal Telecommunications Act of 1996. NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Code of Ordinance be amended by adding a new section to be number KMC 14.20.255 in Attachment "A" and 2) and amending KMC 14.22.010 as shown in on Attachment "B." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of July 2009. ATTEST: CHAIRMAN Public Hearing /Postponed: 1/28/09 Public Hearing /Postponed: 2/25/09 Public Hearing /Postponed: 6/24/09 New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] PZ09 -03 Attachment "A" Page 1 of 8 KMC 14.20.255 Communications Towers and Communications Antenna(s). (a.) The purpose of this section is to establish a process, rules and standards for the construction of wireless telecommunication facilities to: (1) To protect and promote the public health, safety and welfare. (2) To provide guidelines for the siting and design of wireless communication facilities. (3) To protect the city's environmental resources and to minimize adverse impacts on visual resources. (4) To ensure that wireless telecommunication facilities are compatible with adjacent land uses. (5) To minimize the number of towers by encouraging the joint use (co- location) of facilities and by maximizing the use of existing towers and structures. (6) To allow competition in telecommunications service. (7) To enhance the ability to provide wireless telecommunication services to city residents, businesses and visitors. (b) Definitions. For purpose of this section, the following definitions apply: (1) "Communications tower" means a tower, monopole, pole or similar structure which supports a telecommunications antenna operated above ground in a fixed location, free standing, guyed, or on a building or other structure. An amateur radio tower is not a "communications tower" under this section. (2) "Communications Antenna(s)" means any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omni directional or whip antennas and directional or panel antennas, owned or operated by an person or entity required to be licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas. (3) "Carrier on Wheels or Cell on Wheels (COW)" means a self contained site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle mounted and contains a telescoping boom as the antenna support structure. (4) "Height" of a communications tower is the distance from the base of the tower, including any foundation, to the top of the structure. PZ09 -03 Attachment "A" Page 2 of 8 (5) "Stealth Communications Facility" means any telecommunications tower /antenna that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer. (b) Permits. (1) Administrative Permit. (A) If allowed as a principal permitted use under KMC 14.22.010 a communications tower shall be permitted by the Planner upon a determination that all of the applicable conditions of this section have been met. (B) Permitted height above structure. In all zones, the Planner may issue a permit for a communications tower to be mounted on an existing building, or structure other than a free standing or guyed communications tower, as long as it does not extend more than thirty (30) feet above the highest part of the structure and the applicable conditions of this section have been met. For example, if a building was constructed to its maximum allowed height of thirty -five (35) feet in a zone, a communications tower /antenna may be placed on it provided that it is not more than thirty (30) feet above the highest part of the building. (2) Conditional Use Permit. If allowed as a Conditional Use under KMC 14.22.010 and after notice and public hearing as set forth under KMC 14.20.280, a communications tower shall be permitted by the Planning and Zoning Commission upon a determination that all of the conditions of this section and KMC 14.20.150 have been met. (3) Application requirements. A written narrative shall be submitted with the application explaining why the proposed site has been chosen, why the proposed telecommunication facility is necessary, why the requested height was chosen, ability of the facility to accommodate other providers, and any other information requested. The applicant for a permit for construction of a communications tower must file with the Planning and Zoning Department an application accompanied by the following documents, if applicable: (A) One copy of specifications for proposed structures and communications antenna(s), including description of design characteristics and material; PZ09 -03 Attachment "A" Page 3 of 8 (B) A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawing depicting typical design of proposed structures, parking fences, landscape plan, and existing land uses on adjacent property; (C) A current map, or update for an existing map on file, showing locations of applicant's communications towers /antenna(s), facilities and proposed communications towers /antenna(s) which are reflected in public records, serving any property within the city; (D) A report from a structural engineer registered under AS 08.48 in the State of Alaska showing the communications tower /antenna capacity by type and number, and a certification that the tower /antenna is designed to withstand winds in accordance with the latest revision of ASI /EIA /TIA /222 standards "Structural standards for steel communications antenna towers and communications antenna supporting structures (E) Identification of the owners of the communications tower /antenna(s) and equipment to be located on the site; (F) Written authorization from the site owner for the application; (G) Evidence that a valid FCC license for the proposed activity has been issued; (H) A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts including photo simulations of the proposed facility from each direction shall be provided showing the tower, all antennas, structures, and equipment facilities, demonstrating the true impact of the facility on the surrounding visual environment. The Planning Department will assist in specifying recommended vantage points and the requested number of photo simulations; (I) A written agreement, on a form approved by the City Attorney, to remove the communications tower /antenna(s) within 180 days after the communications tower /antenna(s) is substantially unused for a period of 12 consecutive months. If a facility is unused or if a facility becomes obsolete due to changing technology, it shall be the responsibility of the tower owner and /or property owner to remove the tower and to restore the site to its original condition within 60 days. If the tower is not removed PZ09 -03 Attachment "A" Page 4 of 8 (J) within this 60 -day period, the City of Kenai may notify the tower owner that it will contract for removal at the cost of the owner. A service coverage map showing the applicant's service coverage within the City of Kenai; (K) Evidence that applicable conditions in subsection (b) (4) are met; (L) Additional information required by the Planning and Zoning Department for determination that all applicable zoning laws are met. (4) Conditions. For permits issued under subsection (b) and (c) of this section, the applicant must show that all applicable conditions are met as follows: (A) Location and visual impact. The proposed communications tower /antenna or accessory structure will be placed in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by the applicable communications regulations and applicant's technical design requirements. (B) Inability to locate on an existing structure. The applicant must show that a proposed communications tower /antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical requirements without unreasonable modifications on any existing structure or tower under control of the applicant. (C) Necessity for location in a residential district. Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a non residential district for valid technical reasons. (D) Location on public property or other private property not suitable. Prior to consideration for a permit for location on private property which must be acquired, applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements. (E) Design for future use. The applicant must show that a new communications tower is designed to accommodate additional PZ09 -03 Attachment "A" Page 5 of 8 communications antenna(s) equal in number to applicant' s present and reasonable foreseeable future requirements. (F) Safety code met. The applicant must meet all applicable health, nuisance, noise, fire building and safety code requirements. (G) Paint. Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. Muted colors, earth tones, and subdued hues, such as gray, shall be used. All associated structures such as equipment buildings, including the roofs, shall be painted with earth tone colors unless otherwise required under KMC 14.20.150 or by state or federal law or regulations. (H) Distance from existing tower. A permit for a proposed communications tower within 1,000 feet of an existing communications tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained. (1) FCC rules. The applicant must show by certificate from a engineer properly licensed in the State of Alaska that the proposed facility will contain only equipment meeting FCC rules. (J) Application of zoning rules. Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback height, shall apply to the use. Setback and height conditions in this section shall apply. (K) Setback. In all zones, a communications tower must be a minimum distance equal to the height of the communications tower from all lot lines. No variance from the setback requirements of this section may reduce the minimum setback distance to below a distance equal to fifty percent (50 of the height of the tower from a lot line. (L) No advertising is permitted of the communication tower with the exception of identification signage. (M) No signs or lighting shall be mounted on a communications tower except those reasonably needed for safety purposes or as required by the Federal Communications Commission, Federal Aviation Administration or other government agency with jurisdiction. PZ09 -03 Attachment "A" Page 6 of 8 (d) Height. (N) The communications towers shall be secured by a fence with a minimum height of eight feet to limit accessibility to the public. (1) The height limitation on communications towers permitted or allowed by conditional use are as follows: (A) In the RR -1, RS, RS 1, RS2, RU, CC, LC CMU and TSH districts a freestanding communications tower with height not exceeding 35 feet may be permitted; height exceeding 35 feet requires a variance. (B) In the CG, ED, R, IL and C Districts a freestanding or guyed communications tower with height not exceeding 150 feet may be permitted; height exceeding 150 feet requires a variance. (C) In the IH District a freestanding or guyed communications tower with height not exceeding 300 feet may be permitted; height exceeding 300 feet requires a variance. (D) In the RR district a freestanding or guyed communications tower with height not exceeding 150 feet may be permitted on lots larger than 10 acre; height exceeding 150 feet requires a variance. (E) In the RR District a freestanding tower with height not exceeding 35 feet may be permitted on lots of one acre or less; height exceeding 35 feet requires a variance. (F) Height limitation near the Kenai Municipal Airport. Regardless of zone, all communications tower(s) /Antenna(s) in aircraft- approach zones and within eight thousand feet (8,000) feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. No variance may be granted under KMC 14.20.190 that deviates from this requirement. (G) Height variances. A freestanding or guyed communications tower /antenna exceeding height Imitations may be permitted by the Planning and Zoning Commission as a variance under KMC 14.20.180. No height variance may be granted that exceeds 150% of the maximum height allowed under this section. (e) Amateur Radio Towers. The Planner shall issue a permit for an amateur radio tower if the applicant meets the criteria of KMC Title 4 (Uniform Codes) and AS 29.35.141 (including height limitations). PZ09 -03 Attachment "A" Page 7 of 8 (f) Antennas located on existing structures. (1) Antennas and accessory equipment are permitted in all zoning districts when located on any existing structure, including, but not limited to buildings, water tanks, utility poles, broadcast towers or any existing support structure in accordance with the requirements of this section. (2) Antennas and accessory equipment may exceed the maximum building height limitations, subject to the height limitation of this section and provided the antennas and accessory equipment are in compliance with the requirements of this section. (3) Each antenna mounted on an existing structure and any accessory equipment shall meet the following standards: (A) Omni directional or whip antennas shall not exceed twenty (20) feet in length and not exceed seven (7) inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (B) Directional or panel antennas shall not exceed ten (10) feet in length and two (2) feet in width shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (C) Cylinder --type antennas shall not exceed ten (10) feet in length and not exceed twelve (12) inches in diameter and shall be of a color that is identical to or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (D) Satellite and microwave dishes shall not exceed ten (10) feet in diameter. Dish antennas greater than three (3) feet in diameter shall be screened with an appropriate architectural treatment that is compatible with or integral to the architecture of the building to which they are attached. This screening requirement shall not apply to dishes located upon towers or monopoles. (E) Other antenna types not specifically mentioned above shall be permitted if they are not significantly greater in size and will have a visual impact no greater than the antennas listed above. This provision is specifically included in this section to allow for future technological advancements in the development of antennas. PZ09 -03 Attachment "A" Page 8 of 8 (g) Stealth Communications Facilities. It is the intent of this ordinance that use of stealth communications facilities within the City of Kenai is encouraged. (h) Variances. Variances from other general zoning district regulations, including setbacks, may be granted as allowed under KMC 14.20.180. (1) Exemptions. Ordinary maintenance of existing telecommunications towers, antennas and support structures shall be exempt from the requirements of this section. In addition, the following facilities are not subject to the provisions of this section: 1) antennas used by residential households solely for noncommercial broadcast and radio reception; 2) satellite antennas used solely for residential and household purposes; 3) the Planner may issue an administrative permit for COWS to be used temporarily for testing purposes or emergency communications. "Temporary" shall mean the COW is removed within seventy -two (72) hours following the termination of testing or emergency communication needs. (j) Decision. A decision to issue or deny a permit must be in writing and supported by substantial evidence in the record. No decision regulating the placement, construction or modification of a communications tower may be made on the basis of environmental (i.e. health) effects of radio frequency emission if the facility complies with Federal Communications Commission (FCC) regulations. (k) Appeals The applicant may appeal to the Board of Adjustment pursuant to KMC 14.20.290. Failure of the Planning and Zoning Commission to act on an application which is determined to be complete under this section within 45 days, unless extended by agreement, may be considered by the applicant to be a denial of the permit which is subject to appeal to the Board of Adjustment. STAFF REPORT To: Planning Zoning Commission Date: June 11, 2009 Res: PZ09 -36 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS General Information: Jonathan Peters Arctic Barnabas Ministries, Inc. 135 North Willow Street Kenai, AK 99611 350 -2004 Encroachment Permit 4.9 Feet Side Setback Lot 5, Block 5 General Aviation Apron Subdivision No. 1 Amended 135 North Willow Street 04324019 IL Light Industrial Flying school Airport Industrial KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. The encroachment does not encroach upon a Federal, State or City right -of -way or utility easement. The encroachment does not encroach into a right -of- way or utility easement. 2. The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. This is an addition to an existing building which is a permitted use in the district. 5b PZ09 -36 Comments Page 2 3. The encroachment is not located across a platted lot line. The encroachment does not cross the lot line. According to Kenai Peninsula Borough assessing records, this building was constructed in 1967. When the building was built, there were no setbacks required in commercial /industrial zones except those required by the building code. In 2009, the City of Kenai adopted Ordinance No. 2381 -2009 requiring setbacks in the commercial /industrial zones. Side setbacks are 10 -feet. The building is non conforming and may continue but cannot be expanded. The applicant recently leased the property from the City of Kenai and plans to expand the building to include an aircraft hangar. To receive a building permit, an encroachment and variance must be approved. This is airport land located on a taxiway. The Comprehensive Plan identifies this property as Airport Industrial for present and future aviation- related uses and activities. The City of Kenai manages airport lands for the benefit of the airport. These lots were not subdivided in consideration of the size of aircraft hangars, building code requirements, and zoning setbacks. Building Official: No building code issues. RECOMMENDATIONS This is an application for an encroachment permit for a building that was constructed in 1967. When built, the building conformed to required codes. In 2009 an ordinance was approved that requires 10 -foot side setbacks in the commercial /industrial zones. This building became non conforming. The applicant would like to build an aircraft hangar which will be attached to the existing building. By attaching the hangar to this building, an expansion of the non conforming structure would be created. This is not allowed and requires an encroachment permit. This property is airport lands and leased from the City of Kenai. The City of Kenai manages these properties for the benefit of the airport. The Comprehensive Plan identifies this property as needed for present and future aviation- related uses. The encroachment meets the criteria of KMC 14.20.185 and the Comprehensive Plan. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ09 -36 2. Application 3. As -built Survey the ciy of KUlAIv ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09 -36 ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: Jonathan Peters for Arctic Barnabas Ministries, Inc. USE: Side Encroachment 4.9 Feet LOCATED: Lot 5, Block 5, General Aviation Apron Subdivision No. 1 135 N. Willow Street WHEREAS, the Commission finds: (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04324019 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: June 11, 2009 2. This request is on land zoned: IL Light Industrial 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.185 (d): a. An encroachment as defined in KMC 14.20.185 (a) exists. b. The encroachment does not encroach upon a Federal, State or City right -of- way or utility easement. c. The issuance of the encroachment permit will not authorize a use, which is not a principal permitted use in the zoning district in which the property is located. d. The encroachment is not located across a platted lot line 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: July 8, 2009. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 8, 2009. CHAIRPERSON: ATTEST: the ai ty KENAI, ALASKA 1. Name of Applioant TC n o. hei r$ 2. Business Name 'N C C l C t' 3. Mailing Address V3S N pv W -1 4. Telephone 233-3 611 Email Address �E? '6a. It CogrG 5. Legal Description N 11 vJ 32 heral5Vi0, %_Nt Su lval KPB Parcel No. 04 ��t7 1°l t ar Cue t_tbN, 5 eA G. Property Address 15 N \N 7. City of Kenai Zoning L 1 I ES\NA +na IL\ 8. Application applying for (mark permit being applied for): 0 Bed Breakfast Conditional Use CUP Transfer 121.., Encroachment Gravel Extraction Home Occupation Townslte Historic Development .Variance The following information must be provided_before your applicatioi_urill be considered forprpcessing, Do not submit your application until it Contains all requiredjnformation. (Check each box that applies and attached the necessary information to process this application.) I am the legal owner of the property. Applicant Date E o 1/30/2009 W /a�/// with a Past; Gi with a Fatu 'e m l I V frpM�. PLANNING AND ZONING APPLICATION I am 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 ofthc proposed use. Review the applicable section of the Kenai Municipal Code and include all information required by code for the type of application. Incomplete applications will not be accepted. I certify that the information provided is accurate to the best of my knowledge. 4rA,L j 4.1 210 Fidelgo Avenue, Kenai, Alaska 9961 -7794 1I Telephone: 907 -283 -7535 FAX: 907-283-3014 1992 rved MIN 1 1 2009 r Date 199� J /L. PUBLIC HEARING REQUIREMENTS ON BACK PROCEDURES FOR PERMITS REQURINO PUBLIC HEARINGS AND NOTIFICATIONS The permit you have applied for may require Public Hearing and Notification under KMC 14.20,280. The Planning and Zoning Commission meets the 2 and 4 Wednesday of each month. To meet notice requirements, the Planning Department must .receive your completed application 21 days prior to the meeting when the Public Heating is scheduled. Applications requiring Public Hearings must be filed no later than noon on the date of the deadline. Horne Occupations and Landscape /Site Plans do not require a Public Hearing. Allow up to 4 weeks for the permitting process, If required: o The Fire Inspection Report must be received prior to processing the application. o The Affidavit of Posting must be received 2 weeks prior to the hearing date in order to schedule a public hearing. o Resolutions cannot be issued until expiration of the 15-day appeal period. o Resolutions cannot be issued until documentation is received that the certificate of compliance is met. WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283 -82 TO SCHEDULE AN APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION. A &OLLQ. Ng \e- tkjZ CK1p4c44NNt LD)NN C_AZ N'CIN i?M,KhozA .t 1/30/2009 Klauder Company Architects, Lnc. 606 Petersen Way, Kenai, AK., 99611 (907) 2834919 June 10, 2009 Project 2915 RE: Zoning Analysis, Arctic Barnabas ll Dear Jonathan Peters, Setbacks- 25' front, 10' side, Design Standards for Off- street Parking Arctic Barnabas 11 Zoning Analysis Fax 283 0450 Parking: Office use, 1 per 400 sf gross 2,504.5 sf gross/ 400 7 parking spaces required Airport Hanger, 1 per 1000 sf gross 6,400 sf gross/ 1 000 7 parking spaces required Total Parking Spaces Required= 14 parking spaces, including 1 handicap parking space 1 have reviewed the information provided for the Arctic Barnabas located at 135 North Willow Street in Kenai, AK. The following zoning analysis is based on the City of Kenai Code of Ordinances. According to the City of Kenai Zoning map, this property is zoned Light Industrial (1L). All parking lots shall be provided with durable, well drained, and dust -free surface and shall have appropriate bumper guards where needed. To build within the 10' side setback, a variance can be applied for that requires a public hearing and can take up to 5 weeks for approval. (per Marilyn at the City of Kenai) Parking areas and front yards, which includes the required parking spaces, in commercial use areas shall not be used for storage, repair work or any purpose other than parking, landscaping, signage or sales displays. Arctic Bamabas 11 Zoning Analysis June 10, 2009 Loading /Unloading Parking Off street Loading/ Unloading Every building or structure used for business, trade or industry and normally requiring truck loading or unloading with respect to use, shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Off street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off- street parking space, Per property owner, no off street loading/ unloading is required for this project. Landscaping Interior Landscaping is desirable to separate uses or activities within the overall development. Landscaping includes trees, shrubs and landscaping beds, but an amount has not be specified in the zoning code. Street right of way Landscaping beds must meet all the following minimum standards: 1) Minimum of 10 feet (10') in width along the entire length of the property lines which adjoin street right of ways, exclusive of driveways and other ingress and egress openings. 2) Ground cover- One hundred percent ground cover of landscaping bed within 3 years of planting and continuous maintenance so there is no exposed soil 3) Trees and /or shrubs appropriate for the climate shall be included in the landscaping beds. Open Storage No open storage shall be located closer than twenty -five feet (25') to the adjoining right -of -way of any collector street or main thoroughfare. Any open storage visible from a collector street or main thoroughfare shall be enclosed with an eight -foot (8') high fence of good appearance acceptable to the Commission; No use shall be conducted in a manner which is noxious or injurious to the nearby properties by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or conditions, provided that the restriction against noise shall not applied to uses located within two thousand (2,000) feet of the airfield landing strip. 2 Arctic Barnabas 11 Zoning Analysis June 10, 2009 Sincerely, Klauder Company Architects, Inc. Peter Klauder Principal Architect 3 Sign v Lh Cfl z Cl� NORTH 100' R/W WILLOW STREET ASPHALT SIDEWALK micro N 28 °42 E 100' 0 Fire Hyd. GC! ed 0, 40.2 METAL SIDED BUILDING c� c'? cG c0 40.2 Sign Concrete Walk 10' UTILITY EASEMENT Elec Ped N 28 °42' E 100' TAXI WAY 100' 'Cyclone Fence Swan Surveying F'nd Rebar 0 e, m C�1 NOTES THIS SURVEY IS Sumer TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. O ALL BOUNDARY. DATA SHOWN i8 OF RECORD INFORMATION o UNLESB OTHERWISE NOTED, 40 THIS MORTOASE LOCATION SURVEY IS A Z REPRESENTATION OF THE CONDITIONS THAT WERE FOUND AT THE 7612 0P THE DOC N CON THIS TUSE A BOUNDARY SURVEY AND IS SUN= TO ANY INACCURACIES THAT A SUBSEQUENT BOUNDARY SURVEY MAY DISCLOSE. INFORMATION CONTAINED ON THE DRAWING SHALL Nor BS USED TO ESTABLISH ANY FENCE, STRUCTURE, OR OTHER ntra ENENTB. THIS 116RTOA0E LOCATION sung? WAS PREPARED IN ACCORDANCE WITH THE AEPLS N08T0AGE IACATiON SURVEY STANDARDS SEE CITY OF KENAI ZONING FOR BUILDING SETBACKS Michael Swan B.L.S. P.D. Box 987 Soldoma, AK 99669.19071262.101 0 Fa 1 '14 m09 I "w"0frs 1 re9y wally thief haw p HSMortgapp Inapro1on rho following dasathsd =Dotty y i •/i6 CHM Witted lath*MatAaagrdhio (As Kim), AK, d Oaf NUment arituatadfhehPnanWith; frNp1apartyAnis ay/ do net owdaparenaroaah an NNtoretoorlytYfogadliorni fhurt0.dhrinolmpia,* alppa on pro UnAtroapaoaPh on M. Argalleso In quoulonand Out tha two no no* +wys, 16rgaMiWalbtaMpafanT rpm r ldAArparty da ndFwhditanon, Datadaf Mite DU, 2 3 .dwW v.: J 7r`D..s7 T 22020320SITE Pun D 9 ac9vs 1 0 nw,c weOKem nw Pit .ice 1 2915 LATE. a..n, 11. 2009 oESw 09 aK KLAUDER COMPANY ARCTIC BARNABAS MINISTRIES 4LLKT: ARCHITECTS, INC. s.tti: 1.1 688 Petersen Way Kenai, fileske 98874 Tel 18071 kea 28.34450 MULTIPURPOSE FACILITY 135 135 WILLOW STREET KENAI, AK 99611 (907) 2834377 SCALE: AS SACSN 30 0 0 0') m v 0) m `D z n a STAFF REPORT To: Planning Zoning Commission Date: June 11, 2009 Res: PZ09 -37 GENERAL INFORMATION Applicant: Requested Action: Legal Description: Street Address: KPB Parcel No: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Jonathan Peters Arctic Barnabas Ministries, Inc. 135 North Willow Street Kenai, AK 99611 General Information: This is an application for a 4.9 feet side setback variance. 350 -2004 Variance Side Setback 4.9 Feet Lot 5, Block 5 General Aviation Apron Subdivision No. 1 Amended 135 North Willow Street 04324019 IL Light Industrial Flying school Airport Industrial KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. This property was subdivided in the 1960's. The lots are 100 feet wide. The subdivision and resulting development did not take into consideration the development constraints that would impact the future. Specifically, how the lot size restricts development for aircraft hangars. The building code requires 30 foot setbacks for aircraft hangars unless they are built with 2 -hour fire rated walls. In 2009, a new ordinance was adopted requiring setbacks in commercial /industrial zones. This property is airport land and the city is required to manage it for the benefit of the airport. The property abuts a 0937 Comments Page 2 taxiway. All of these issues make this property peculiar to this property and other airport properties that abut taxiways. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The applicant did not subdivide the property. To develop the property for an airport related use, hangar, will require a variance. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Airports and related uses are permitted in the Light Industrial zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. Due to the size of the lot, this is a minimum variance. 5. The granting of a variance shall not be based upon other non conforming land uses or structures within the same land use or zoning district. The variance is not based on other non conforming uses or structures. This property is located in the Light Industrial zone. In 2009, Ordinance No. 2381 -2009 was adopted requiring 10 -foot side setbacks in the commercial /industrial zones. This property is airport land and leased from the City of Kenai. There is a building on this lot. According to Kenai Peninsula Borough assessing records, this building on this lot was constructed in 1967. When the building was built, there were no setbacks required in commercial /industrial zones except those required by the building code. The applicant plans to expand this building to include an aircraft hangar.. To receive a building permit, an encroachment (PZ09 -36) and this variance must be approved. Attached is an as -built showing the existing building. Also provided is a site plan showing the proposed aircraft hangar. The development can meet the 10 -foot side setback on the side adjoining Lot 4. The hangar will be built to meet the building code requirements. This is airport land located on a taxiway. The Comprehensive Plan identifies this property as Airport Industrial for present and future aviation related uses and activities. The City of Kenai manages airport lands for the benefit of the airport. These lots were not subdivided in consideration of aircraft hangars, building code requirements, and zoning setbacks. Building Official: No building code issues. RECOMMENDATIONS This is permit for a variance from the required 10 -foot side yard setback. The applicant is asking for a 4.9 foot side yard setback to build an aircraft hangar. This property is leased from the City of Kenai and is airport land. The property is located on a taxiway to allow 0937 Comments Page 3 aircraft access. The lot is 100 -feet wide. There is an existing structure on the lot that is 5.1 feet (according to the asbuilt) from the property line. The proposal is to attach the hangar onto this building. To do so requires the variance. The proposed variance meets the requirements of KMC 14.20.180. The building will be built to meet the building code. The proposed development meets the Comprehensive Plan. Recommend approval contingent upon the following: 1, Encroachment Permit PZ09 -36 must be approved. ATTACHMENTS: 1. Resolution No. PZ09 -37 2. Application 3, Drawings lkeeNe KENAI ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09 -37 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Jonathan Peters for Arctic Barnabas Ministries Inc. LOCATED: 135 N. Willow Street Lot 5, Block 5 General Aviation Apron Subdivision No. 1 Amended Street Address /Legal Description) WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: June 11, 2009 2. This request is located on land zoned: IL Light Industrial 3. That the applicant seeks a variance from the specified requirement of the Zoning code: 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and /or structure. e. The granting of the variance is not based upon other non conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: July 8, 2009. 6. Applicant must comply with all Federal, State, and local regulations. 7. Applicant must meet the following special conditions: 1. Encroachment Permit PZ09 36 must be approved. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE WITH THE FOLLOWING STIPULATION: PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 8, 2009. CHAIRPERSON: ATTEST: the ei' of KMKAL ALASKA I am the legal owner of the property. I have paid the required fee ($100 plus sales tax). 1 certify that the information provided is accurate to the best of my knowledge. Applicant 4r4)-s g a vt 4 tz .,t��b�� �J,r Date 6 f 6.- o! 1/30/2009 'Village with a Past air PLANNING AND ZONING APPLICATION Date with a Trtture" 210 Fldalgo Avenue, Kenai, Alaska 99611 -7794 1 Telephone: 907 283 -7535 FAX: 907-283-3014 1992 MIN 1 2009 1. Name of Applicant 50 h.a 4161 e,4 I S 2. Business Name 'NT C C t +l'1 445 5 3. Mailing Address V N Q'C R W 'k er &t Telephone 223 3317 Email Address ;O A e4v t ic as 5. Legal Description 1 (v N 11 32 P. N 2toy020 CSmero.l *.;k NA Nror> SAAN Nt\ KPB Parcel No. evrixt ea. 6. Properly Address 7. City of Kenai Zoning L- 8. Application applying for (mark permit being applied for): Bed Breakfast 0 Conditional Use CUP Transfer f, Encroachment Gravel Extraction [D Horne Occupation 0 Townsite Historic Development Vil.Variance The following information must be provided hefore your application will be considered for processing. Do not submit your application until is contains all required information. (Check each box that applies and attached the necessary information to process this application.) 0 I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permiss ?on to apply for the permit. Attach a detailed description of the proposed use. Review the applicable section of the Kenai Municipal Code and include all information required by code for the type of application. Incomplete applications will not be accepted. PUBLIC HEARING REQUIREMENTS ON BACK fka,b4 N62: 1/30/2009 PROCEDURES FOR PERMITS REQC.)R1NG PUBLIC HEARINGS AND NOTIFICATIONS The permit you have applied for may require Public Hearing and Notification under KMC 14.20.280. The Planning and Zoning Commission meets the 2' and 4 Wednesday of each month. To meet notice requirements, the Planning Department must receive your completed application 21 days prior to the meeting when the Public Hearing is scheduled. A pplications requiring Public Hearings must be filed no later than noon on the date of the deadline. Horne Occupations and Landscape /Site Plans do not require a Public Hearing. Allow up to 4 weeks for the permitting process. o If required: o The Fire Inspection Report must be received prior to processing the application. o The Affidavit of Posting must be received 2 weeks prior to the hearing date in order to schedule a public hearing. o Resolutions cannot be issued until expiration of the 15 -day appeal period. o Resolutions cannot be issued until documentation is received that the certificate of compliance is met. WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283 -8237 TO SCHEDULE AN APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION. \4 o h 9,M,KhArN ■t: Klauder Company Architects, Inc. 606 Petersen Way�Kenai, AK., 99611 June 10, 2009 Project 2915 RE: Zoning Analysis, Arctic Barnabas 11 Dear Jonathan Peters, (907) 283 -1919 Fax 283 0450 Arctic Barnabas 11 Zoning Analysis Jim 1 r 2009 have reviewed the information provided for the Arctic Barnabas located at 135 North Willow Street in Kenai, AK. The following zoning analysis is based on the City of Kenai Code of Ordinances. According to the City of Kenai Zoning map, this property is zoned Light Industrial (IL). Setbacks- 25' front, 10' side, To build within the 10' side setback, a variance can be applied for that requires a public hearing and can take up to 5 weeks for approval. (per Marilyn at the City of Kenai) Design Standards for Off street Parking All parking lots shall be provided with durable, well drained, and dust free surface and shall have appropriate bumper guards where needed. Parking areas and front yards, which includes the required parking spaces, in commercial use areas shall not be used for storage, repair work or any purpose other than parking, landscaping, signage or sales displays. Parking: Office use, 1 per 400 sf gross 2,504.5 sf gross/ 400 7 parking spaces required Airport Hanger, 1 per 1000 sf gross 6,400 sf gross/ 1000 7 parking spaces required Total Parking Spaces Required= 14 parking spaces, including 1 handicap parking space Arctic Barnabas 11 Zoning Analysis June 10, 2009 Loading /Unloading Parking Off street Loading/ Unloading Every building or structure used for business, trade or industry and normally requiring truck loading or unloading with respect to use, shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Off street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off street parking space. Per property owner, no off street loading/ unloading is required for this project. Landscaping Interior Landscaping is desirable to separate uses or activities within the overall development. Landscaping includes trees, shrubs and landscaping beds, but an amount has not be specified in the zoning code. Street right of way Landscaping beds must meet all the following minimum standards: 1) Minimum of 10 feet (10') in width along the entire length of the property lines which adjoin street right of ways, exclusive of driveways and other ingress and egress openings. 2) Ground cover- One hundred percent ground cover of landscaping bed within 3 years of planting and continuous maintenance so there is no exposed soil 3) Trees and /or shrubs appropriate for the climate shall be included in the landscaping beds. Open Storage No open storage shall be located closer than twenty -five feet (25') to the adjoining right -of -way of any collector street or main thoroughfare. Any open storage visible from a collector street or main thoroughfare shall be enclosed with an eight -foot (8') high fence of good appearance acceptable to the Commission; No use shall be conducted in a manner which is noxious or injurious to the nearby properties by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or conditions, provided that the restriction against noise shall not applied to uses located within two thousand (2,000) feet of the airfield landing strip. 2 Arctic Barnabas 11 Zoning Analysis June 10, 2009 Sincerely, Klauder Company Architects, Inc. Peter Klauder Principal Architect 3 MicXl elA. SVia �!LS 694 Sign u d w. c� U N NORTH 100' R/W WILLOW STREET Signo N 28°42 E Q Fire Hyd. GCI ped 40.2 ifs N C ASPHALT SIDEWALK U Sign i 40.2 METAL SIDED BUILDING to r-- Concrete Walk 10' UTILITY EASEMENT a Elec Ped N 28 °42' E 100' TAXI WAY 100' i oo' Cyclone Fence Fnd Reber I9 0 CNN NOTES THIS SURVEY IS SUBJECT TO ANY MOP THAT MAY BE DISC BY A PULL AND ACCURATE TITLE SEARCH. ALL BOUNDARY DATA SHOWN IS ry Cr RECORD INFORMATION o UNLESS OTHERWISE NOTED. THIS MORTGAGE LOCATION SURVEY 18 A z REPRESENTATION OF THE CONOITIoN8 TEAT WERE FOUND AT WS TIME OF THE LOCATION SURVEY WAS PERFORMED, THIS DOCUMENT DOES NOT CONSTITUTE A BOUNDARY SURVEY AND I8 BUEJECF TO ANY INACCURACIES THAT A SUBSEQUENT BOUNDARY SURVEY MAY DISCLOSE. INFORMATION CONTAINED ON TEE DRAWING SHALL NOT BE USED TO SSFABI180 ANY FENCE, STRUCTURE, 08 OTHER IMPROVEMENTS. THIS MORTGAGE LOCATION SURVEY WAS PREPARED 18 ACXORDANfirDAR H THE AIRES MORTGAGE LOCATION SURVEY SEE CITY OF KENAI ZONING FOR BUILDING SETBACKS CAT. Swan Surveying Menial Swan k.LS. P.O. Sox 9S7 o Soldoina, AK 99669 .19071262401 418 04/31. Ira. I -el-Di I WA Z-30' I on8N8 ,r I /Homo ppsrtgrmdd e Mortgages r nsp* 011onor the torrawrnpdesekboCp roperly Wand la Our IGaa! d eat On *Malad Mason anw1A8Dr On rddo net o rloraaatosohon1Aepropeny anima thTMgdArynnhNprolr mina on *OW. W+WWIDONSIDWOPOlrNMS lnfna inglppNon40tbstth•PCI►norasd Waist Mgr L7rJa day pi Pei re ES RENSUwi I DRAW, QICaccmil 14W rK I PE PN KLAUDER COMPANY ARCTIC BARNABAS MINISTRIES cu., ARCHITECTS, INC. 1.1 500 Petersen Wa y Kenai. glg Fa az 2$3 7ef (967F Haw: er t9 Fax -0450 kla�de alaSkn.net MULTIPURPOSE FACILITY 135 WILLOW STREET PROJECT. KENAI, AK 99611 (907) 283 -3377 AutoCAD FILE: 2915 01.dwg 0 cn O m v 0) =-I m z 0 0 the ciEy KEN ALASKA MEMO: TO: Planning Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: June 26, 2009 SUBJECT: Ordinance No. 2419 -2009 r iCu 'Wfa e with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 v 1992 Attached is an ordinance which appropriates funds to acquire foreclosed property from the Kenai Peninsula Borough. The ordinance, if adopted by Council, sets aside these properties as needed for a public purpose. These parcels are located on Peninsula Avenue. Any comments on the proposed ordinance will be forwarded to the Council. the city of KENAI, ALASKA MEMO: la ye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-7535 FAX: 907 283 -3014 TO: Marilyn Kebschull, Planner THRU: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager 44/ DATE: June 24, 2009 RE: Lots 12 through 16, Block 3, East Addition, Townsite of Kenai The Kenai Peninsula Borough (KPB) provided the City of Kenai with a litigation report for the referenced properties showing liens for both delinquent sales taxes and property taxes. Administration identified the five parcels foreclosed upon by the KPB as properties that will serve a public purpose to the City in the attached Ordinance for your review. Please schedule the Ordinance for review by the Planning and Zoning Commission at its July 8 Meeting. afteiscae1 the of KENAI, CITY OF KENAI ORDINANCE 2419 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,299.30 FOR THE ACQUISITION OF PROPERTY FORECLOSED UPON BY THE KENAI PENINSULA BOROUGH FOR UNPAID PROPERTY TAXES TO BE RETAINED FOR A PUBLIC PURPOSE BY THE CITY. WHEREAS, the administration has identified five parcels of property foreclosed upon by the Kenai Peninsula Borough for unpaid property taxes that will serve a public purpose to the City; and, WHEREAS, the five parcels are Lots 12 through 16, Block 3, East Addition, Townsite of Kenai; and, WHEREAS, in order to receive deed to the property, the City must pay the outstanding property taxes and interest to the Kenai Peninsula Borough; and, WHEREAS, the current balance for taxes and interest is $7,299.30 of which $4,723.88 relates to Kenai Peninsula Borough taxes and the remaining $2,575.42 is for City of Kenai taxes and interest; and, WHEREAS, prior to foreclosure the Borough had recorded liens against the property related to judgments secured for underpayment of sales tax in the amount of $29,635.58; and, WHEREAS, foreclosure has nullified these liens making it doubtful the past due sales tax amount will ever be collected; and, WHEREAS, the administration has agreed to pay the Kenai Peninsula Borough $5,495.00, if still uncollected, should any of these parcels (parcels 04711308 thru 04711312) be deemed to no longer serve a public purpose and be sold by the City; and, WHEREAS, the amount of $5,495.00 represents the Borough's portion of sales tax secured by liens prior to foreclosure; and, WHEREAS, the property will be retained for a public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2419 -2009 Page 2 of 2 General Fund: Increase Estimated Revenue Appropriation of Fund Balance $7,299.30 Increase Appropriations Non departmental Land $7,299.30 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: July 15, 2009 New Text Underlined; DELETED TEXT T312ACKETED] Lots 12-16 BIocK 3 Last Addition, 1 ownsete of Kenai CO L�. Subject Parcels 8 (2) 10 11 12 13 14 15 16 0 MARINE AVE z 0 CO PENT LAAVE June 24, 2009 tI c'if KENAI, ALASKA MEMO: Village with a Past, Gc 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -75351 FAX: 907 -283 -3014 with a Fgtrsre" TO: City Council FROM: Rick Koch DATE: June 25, 2009 SUBJECT: Ordinance 2419 -2009, Acquisition of Five Foreclosed Properties The purpose of this correspondence is to recommend approval of Ordinance 2419 -2009. The properties are located within the City of Kenai municipal boundary. The Kenai Peninsula Borough (KPB) has foreclosed on the properties for unpaid property taxes. The City is able to receive a deed to the properties by paying the outstanding taxes and interest totaling 7,299.30. Of this amount, 2,575.42 is for City of Kenai property taxes and interest, and will be returned to the City. The properties will be retained by the City for a public purpose. During the construction of the Kenai River Bluff Erosion Control Project the properties may be used as a contractor staging area, and subsequently could be used as a small municipal park or for other public purposes. There appear to be renters in one or more of the structures located on these properties. 1 have discussed this with the City Attorney and it is administrations intent to provide more than legally required notice to any renters that the properties will be vacated. After the renters have vacated the premises, any improvements will be disposed of through a public sale or demolished. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. 1992 ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 1, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2347 -2008 Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet Development- Preparation Distribution- Publication -Late Materials. (Clerk's Note: 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.) a. AMENDED AND PASSED. Ordinance No. 2347-2008 (Substitute A /Molloy) Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet Development Preparation- Distribution Publication -Late Materials. b. Ordinance No. 2347 -2008 (Substitute B /Koch) Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, A cL Agenda and Packet Development- Preparation Distribution- Publication -Late Materials. 2. PASSED. Ordinance No. 2365 -2008 Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365 -2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FY10 budget process.) (The motion to adopt is active. A motion to remove from the table, and its passage, is required before consideration of the ordinance may proceed.) 3. Ordinance No. 2394 -2009 Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund 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. The motion to adopt is active.) a. PASSED. Ordinance No. 2394 -2009 (Substitute) Increasing Estimated Revenues and Appropriations by 107,983 in the Airport Fund and by $4,319,316 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. 4. Ordinance No. 2403 -2009 (formerly Substitute C) Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some 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) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH) and Tattoo Parlors, Massage Therapists, Dry Cleaners and Self- Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). (Clerk's Note: At the June 3, 2009 meeting, Ordinance No. 2403 -2009 was amended with Substitute C and subsequently postponed, no time certain. The motion to adopt Ordinance No. 2403 -2009 is active.) a. PASSED UNANIMOUSLY. Ordinance No. 2403 -2009 (Substitute) Amending the Land Use Table in KMC 14.22.010 TO: 1) Change the Uses of Some 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) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 4) Require Tattoo Parlors, Massage Therapists, Dry Cleaners and Self- Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). 5. PASSED UNANIMOUSLY. Ordinance No. 2418 -2009 Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 1E Killen Estates Collier Replat from Suburban Residential to Rural Residential. 6. PASSED UNANIMOUSLY. Resolution No. 2009 -32 Encouraging and Supporting the Efforts of All Involved Oil Industry Businesses and Agencies to Develop a Safe Plan to Allow Continued Production at the Oil Industry Facilities on the West Side of Cook Inlet. 7. PASSED UNANIMOUSLY. Resolution No. 2009 -33 Expressing Appreciation to State of Alaska Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for Their Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. 8. PASSED UNANIMOUSLY. Resolution No. 2009 -34 Expressing Appreciation to Governor Sarah Palin for Her Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. 9. PASSED UNANIMOUSLY. Resolution No. 2009 -35 Awarding the Bid to Peninsula Pumping, Inc. for Portable Restrooms Rental -2009 for the Total Amount of $21,330.00 10. PASSED UNANIMOUSLY. Resolution No. 2009 -36 Authorizing Kenai Hangar, LLC be Granted the Contractual Right for a 20 -Year Lease Renewal for a 35 -Year Lease on Lot 11, Block 1, F.B.O. Subdivision and a Portion of Lot 10, Block 1, F.B.O. Subdivision, Designated as Lot 11A According to Preliminary Plat. 11. PASSED UNANIMOUSLY. Resolution No. 2009 -37 Requesting the State of Alaska Amend the Alaska Statutes to Expand and Broaden Regulation of Smoking in Places of Employment. 12. PASSED UNAMMOUSLY. Resolution No. 2009-38 Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. 13. PASSED UNANIMOUSLY. Resolution No. 2009 -39 Authorizing the City Manager to Enter Into a Fuel Dispensing Concession Agreement for the Kenai Municipal Dock. ITEM E: MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of June 17, 2009. 2. APPROVED BY CONSENT AGENDA. *May 18, 2009 Kenai City Council /Salmon Task Force Work Session Notes 3. APPROVED BY CONSENT AGENDA. *May 20, 2009 Kenai City Council Work Session Notes 4. APPROVED BY CONSENT AGENDA. *May 26, 2009 Kenai City Council Work Session Notes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2419 -2009 Increasing Estimated Revenues and Appropriations by $7,299.30 for the Acquisition of Property Foreclosed Upon by the Kenai Peninsula Borough for Unpaid Property Taxes to Be Retained for a Public Purpose by the City. 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2420 -2009 Increasing Estimated Revenues and Appropriations by $30,000 for the Replacement of a Police Cruiser Destroyed During Pursuit of a Suspect. 5. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2421 -2009 Amending: 1) KMC 14.25.040(b) by Requiring Screening 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 Developments May Be Required to Provide Frontal Roads; and, 3) KMC 14.25.070 by Providing a Mechanism to Apply for Variances. 6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand. 7. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2423 -2009 Appropriating Fifteen Thousand Dollars to Provide for Public Information of Ballot Proposition A, the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map. 8. NO OBJECTION. Approval Vacation of the 66 -Foot Right -of -Way Easement (33 Feet on Each Side) Adjacent to Government Lots 28 and 29; and Any Associated Utility Easements as Reserved in Original BLM Patent 1195867 and 1220887; Within Section 33, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File 2009 -073; KPBPC Resolution No. 2009 -15; Location: City of Kenai. 9. NO OBJECTION. Approval Patent Rights -of -Way Vacation /Vacation of the South 33 -Foot Patent Rights -of -Way in Government Lots 173 and 174; and Vacation of the East 33 -Foot Patent Rights of-Way in Government Lot 174 and 123, Excluding the Area That Will Underlie Floatplane Road Dedication Proposed on Kenai Cemetery Expansion Plat; All Within Section 31, Township 6 North, Range 11 West, Section 6, Within Township 5 North, Range 11 West. Patent Easements Reserved in Patent Numbers 1227249, 1227251 and 1154765, Recorded in Book 22, Pages 37 and 127 and Book 43, Page 168; Kenai Recording District; Seward Meridian, Alaska. 10. APPROVED UNANIMOUSLY. Approval Rental Agreement /Chevron North America Exploration and Production Company Office Space /Alaska Regional Aircraft Fire Training Center. 11, APPROVED UNANIMOUSLY. Approval City Attorney Contract /Krista Stearns 12. REMOVED /SEPTEMBER. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission. 13. Discussion Central Peninsula Multi -Use Facility ITEM It 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 Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). 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." (Clerk's Note: Ordinance No. 2396 -2009 was substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is active.) Ordinance No. 2398 -2009 Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Clerk's Note: Ordinance No. 2398 -2009 was postponed, no time certain, at the May 6, 2009 council meeting.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 24I2 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk. 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Q .5 '4J O O c, 5 8 M 4) U N N �vw 0 al C at Go v u O+ o u G p U (0 0 v 0 V y 0 4°i F, �c0 -o .00 CVd CO 0 -d g. a) r-, 0 -ty 0 V-. t-+ Q) i-+ 0 a) N 0 a) a) o A. y o O cG (.0 1 i. 1 19 a 4) •i 0 0 C) 0 b b.0 a a O O a a) 0 w� a) 0 4 cd ti a o 0 0 a N 6 c, at O O a) N O 4 bA H y a42 n �Ib STAFF REPORT To: Planning Zoning Commission File Date: June 24, 2009 Res: PZ09 -38 GENERAL INFORMATION Applicant: ANALYSIS General Information: Jonathan Peters, Executive Director Arctic Barnabas Ministries, Inc. 135 North Willow Street Kenai, AK 99611 Requested Action: Landscape /Site Plan Arctic Barnabas Ministries, Inc. Legal Description: Lot 5, Block 5, General Aviation Apron SD Amended Street Address: 135 North Willow Street KPB Parcel No.: 04324019 Existing Zoning: IL Light Industrial Current Land Use: Professional Office Land Use Plan: Airport Industrial KMC 14.25 specifies the regulations for landscape/site plans within the City of Kenai. Applicant is planning construction of an aircraft hangar at this location. There is an existing structure on the property. The hangar will be attached to the existing building. The planned uses are professional offices and aircraft hangar. The construction requires a landscape/site plan as defined in KMC 14.25.020. Section 14.25.030 of that chapter details Landscaping /Site Plan submittal requirements. This site includes an existing building and a proposed aircraft hangar. The property is constrained due to the lot size, zoning setbacks, airport building restrictions, and required parking. The site plan submitted with the application shows existing landscaping, parking, existing and proposed building, and snow storage. Scientific or common name or type of planting materials to be used in the project. o Existing landscaping will be maintained. No additional landscaping is planned. The site currently has grass along the front of the existing building with shrubs along the front of the building. Typical planting details. o Not shown nor planned. Location of all planting areas and relationship to buildings, parking areas and 0938 Cominent.doc Page 2 driveways. o Shown on the plan. Identification and location of existing vegetation to be retained. o Shown on the plan. identification and location of non living landscaping materials to be used. o Paved parking lot shown on the plan. Identification of on -site snow storage areas. o Snow storage area identified on the plan. Snow storage must be relocated to provide access to the parking spaces shown on the rear of the lot and cannot be placed on required parking spaces or the snow must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot. Drainage patterns. o Not shown. Existing site. Description of buildings, including building height and ground floor dimensions. o Site plan shows existing building and proposed aircraft hangar. The height is not shown but will be shown on the building permit drawings. Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property, which may restrict development or drainage. o Site plan shows access to /from North Willow Street. This property also accesses an airport taxiway. Access to the rear of the lot is through a security fence on one side of the property. Section 14.25.040 of the code outlines the landscaping plan performance criteria. Perimeter /Buffer Landscaping involves the land areas adjacent to the lot lines within the property boundary and serves to separate and minimize the impact between adjacent uses. o None planned. This is an existing site in an industrial zone abutting an airport taxiway. The rear of the lot is separated from adjoining parcels with a chain length fence. Interior Landscaping involves areas exclusive of the perimeter and parking lot areas. o None planned. Parking Lot Landscaping involves areas adjacent to or within parking lots and access drives. o None other than existing. Street right -of -way Landscaping intent to soften the impact of land uses along rights -of -way but does not obscure land uses from sight. o None other than existing. The following are required in the site plan: Parking o Professional offices require 1 space per 400 square feet. The office area is 2504.5 square feet and requires 7 spaces. Aircraft hangars require 1 per 1000 square feet. The hangar is 6400 square feet and requires 7 0938 Comment.doc Page 3 spaces. At least one space must be handicap accessible. The site plan shows 14 parking spaces and meets the requirements for off street parking. Parking Lot. o Parking lot must be paved. Paving must be completed within two (2) years after the certificate of occupancy is issued. The parking lot in the front of the existing building is paved. The area behind the proposed hangar must be paved within two (2) years. Snow storage. o Shown on the plan; however must be relocated as noted above. Dumpster. o No dumpster is shown nor planned. Any dumpster on the site must be screened with a sight obscuring structure made of wood or concrete. If any dumpster is located on the site in the future, the location and screening must be approved prior to placement on the parcel. Building Official: No building code issues. RECOMMENDATIONS The plan as submitted meets the intent and requirements of the Kenai Municipal Code Chapter 14.26. The plan is approved with the following requirements: 1. Existing landscaping is approved and no additional landscaping is required. 2. The parking lot abutting the taxiway and other parking spaces not currently paved must be paved within two (2) years of the Certificate of Occupancy. 3. Snow storage must be relocated on the lot to allow access for vehicles to the rear of the lot. Snow cannot be placed on required parking spaces. If storage cannot be accommodated on the lot, s now must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot. 4. If a dumpster is placed on the lot, the location and construction materials must be approved prior to construction. 5. If construction of the project has not started within one year of the approval of the landscaping /site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) Day notice unless extended for good cause. Review completed by: Marilyn K. Kebschull, AICP Planner, City of Kenai the eI" of KENAI. ALASKA A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE ATTACHED LANDSCAPING /SITE PLAN SUB JECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping /Site Plan Review was: Received by: Marilyn Kebschull, AICP, City Planner Submitted by: Jonathan Peters, Executive Director Submitted for: Arctic Bamabas Ministries, Inc. Property Address: 135 North Willow Street Legal Description: Lot 5, Block 5, General Aviation Apron SD Amended Parcel No.: 04324019 WHEREAS, the City of Kenai Planning and Zoning Administration finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING /SITE PLAN IS APPROVED WITH THE FOLLOWING REQUIREMENTS: Re iewe4 and approved: Date: 114, 2 L 0 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09 -38 LANDSCAPE /SITE PLAN PERMIT PZ09 -38 Resolution Page 2 1. Existing landscaping is approved and no additional landscaping is required. 2. The parking lot abutting the taxiway and other parking spaces not currently paved must be paved within two (2) years of the Certificate of Occupancy. 3. Snow storage must be relocated on the lot to allow access for vehicles to the rear of the lot. Snow cannot be placed on required parking spaces. If storage cannot be accommodated on the lot, snow must be removed from the site. No snow may be stored in such a manner that would block visibility for ingress and egress to the lot. 4. If a durnpster is placed on the lot, the location and construction materials must be approved prior to construction. 5. If construction of the project has not started within one year of the approval of the landscaping/site plan, the approval may be revoked by the Administrative Official after providing at least thirty (30) Day notice unless extended for good cause. yof KENAi� ill 8/20/2008 "Villa e with a Past, ai with a Ftttsre 210 Fidalgo Avenue, Kenai, Alaska 99611 77_9 Telephone: 907 283 -7535 FAX: 907 -28 �1 F :1 i� 1Urd 1 2O q LANDSCAPE /SITE PLAN APPLICATION Date 1. Nance of Applicant SO (1 Vlivul P 2. Business Name ACC.. G r r off, \Na,c q 3. Mailing Address 135 Vfl CA, i 1.‘ S o i 1 S la 4. Telephone 2:2 3311 Email Address 3n n a ke4S or t 5. Legal DescriptiotiTIO N Rt N\N SEC '3z. Sew .Me i a r, N 2X y )Zt Dem -N.A. P'N∎cx, .on Aon Nal KPB Parcel No. D 2,. 0 I q AAMve,\20-01 1-4-1/4. 5 51 K.5 l 6. Property Address SS N \WA\'4W 5. C3 11 (o.A1 7. City of Kenai Zoning Li The landscaping/site plan shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. Review the appliFable sectxo>ix of the Kenai Municiv Code 14.25 L andscapin /Site Plan Re and Inclu all enformation rep aired by code. The following information must be provided before your application will be considered for processing. Incomplete applications will not be accepted. Scientific or common name or type of planting materials to be used in the project; Typical planting details; Location of all planting areas and relationship to buildings, parking areas and driveways; Identification and location of existing vegetation to be retained; Identification and location of non living landscaping materials to be used; Identification of on-site snow storage areas; Drainage patterns; Description of buildings, including building height and ground floor dimensions; Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage. Paving I certify that the information provided is accurate to the best of my knowledge. Applicant WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283 -8237 TO SCHEDULE AN APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION. Date G.. (G u, 8/20/2008 SNEETOONTENTS: PROPOS W SRE PLAN GT Epm: 4 AEWSIONS: 0-Raw ONEGKEP. NW JOB N0 NIS OA% Wne 11, 2999 KLAUDER &COMPANY ARCTIC BARNABAS MINISTRIES aEnr: ARCHITECTS, INC. S 1. 1 606 Petersen way Kenai, 1919: Fa ex (00 283-0450 Tel (907) 28 37979: Fax (801) kIauder @a}aska.net MULTIPURPOSE FACILITY 135 WILLOW STREET PROJECT: KENAI, AK 99611 (907) 283 -3377 0 Environmental Resources Section Ms. Judith Bittner State Historic Preservation Officer Office of History and Archaeology 550 West 7 Avenue, Suite 1310 Anchorage, AK 99501 -3565 Dear Ms. Bittner: Figure 1. Wildwood AFS, northwest of Kenai, Alaska DEPARTMENT OF THE ARMY tJ,S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 6898 Elmendorf AFB, ALASKA 99506.6898 RECEIVED JUN292009 KENAI CITY CLERK JUN 2 NO The Kenaitze Indian Tribe (Kenaitze), through a Cooperative Agreement with the U.S. Army Corps of Engineers, Alaska District (Corps), will be conducting cleanup activities at the former Wildwood Air Force Station (AFS), near Kenai, Alaska (NE1 /4, Sec. 25, T6N, R12W, Seward Meridian, USGS Kenai C -4; figure 1), under the Native American Lands Environmental Mitigation Program (NALEMP). Kenaitze will be removing several buildings, concrete slabs, and two aboveground storage tanks, along with miscellaneous debris associated with the structures. The purpose of this letter is to notify your office of a federal undertaking with the potential to affect historic properties and to seek your concurrence on the assessment of effects. -2- Kenaitze will be conducting building and debris removal at the former Wildwood AFS during summer 2009 at three different locations: 1) the former operations building and the associated garage and guard shack are slated for demolition and removal; 2) several concrete slabs and miscellaneous metal debris will be removed from the northwest corner of the property; and 3) two large aboveground storage tanks and an associated pump house will be dismantled and removed. Site Background The former Wildwood AFS property is 3.5 miles northwest of Kenai, Alaska, and is accessed via Wildwood Drive east of the Kenai Spur Highway (figure 1). The total area of the site is approximately 5,300 acres, but military construction was confined to 70 acres. Wildwood AFS, originally named Seward Station, was activated by the United States Army in 1953. and used as a communications station. In 1966, the Alaska Air Command Order transferred the facility to the United States Air Force (USAF). The facility included a landfill, rifle and firing ranges, communications facilities, operations and housing facilities, and other facilities. USAF closed Wildwood AFS on July 1, 1972. The facility was transferred to the United States Department of the Interior, Bureau of Land Management (BLM), who, in 1974, transferred approximately 4,300 acres to Kenai Natives Association, Inc. (KNA), including all property developed by the USAF. KNA used the former military housing in the complex for apartment rentals, and in 1982, leased 125 acres to the State of Alaska for use as a correctional facility. KNA sold this 125 -acre tract to the Alaska Department of Natural Resources in 1994. The Alaska Department of Corrections currently operates the Wildwood Correctional Center on a portion of the property. The former tank farm addressed in this letter is immediately south of the correctional center. The Corps has conducted substantial investigation and remediation efforts to address contamination at the former Wildwood AFS, beginning in 1988 and continuing to the present. Restoration activities have addressed three aboveground fuel tanks, 12 underground fuel tanks, structures, and three abandoned landfills. In 1993 -1994 the Corps removed all above and underground storage tanks, as well as all associated piping. In 1995 the Corps initiated an ongoing groundwater monitoring program, and in 1996 1998, the Corps installed a contamination remediation system at the former tank farm. The remediation system was operated until 2005, at which time it had reached a point of diminishing returns. Potential Effects While there are no reported historic sites within the project area of potential effect, Wildwood itself is listed in the AHRS as KEN- 00255. In 1994 the AFS was determined ineligible for the National Register of Historic Places (NRHP) based on a lack of exceptional integrity. Your office concurred with this determination, which resulted in the State of Alaska removing 24 of the original 64 buildings that comprised the facility. CC: Rosalie Tepp, Chairperson Kenaitze Indian Tribe IRA Richard Segura, President Kenai Natives Association, Inc. Pat Porter, Mayor City of Kenai -3- In a June 4, 2008 letter to your office, the Corps again concluded that the remaining structures and facilities at the Wildwood AFS were not eligible for the NRHP. Your office concurred with this determination on July 3, 2008. As there have been no efforts to preserve the Wildwood AFS since the 1994 determination, the Corps concurs with the earlier findings of ineligibility. The Corps therefore seeks your concurrence that the building demolition and debris removal will have no effect on historic properties. If you have any question s about this project, please contact Aaron Wilson (786 2631). Sincerely, Guy R. McConnell Chief, Environmental Resources Section