HomeMy WebLinkAbout2004-06-23 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 23, 2004 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
~All items listed with an asterisk (~) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. ~June 9, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ04-21 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council of the City Of Kenai, Alaska, that the Land Use
Table in KMC 14.22.010 be amended to provide that FAA authorized uses are allowed in
the conservation zone for those properties contained inside the airport perimeter fence or
having access to aircraft movement areas, ramps, taxiway or parking aprons.
b. PZ04-22 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council of the City Of Kenai, Alaska, that the Council elect
to administer the Kenai Peninsula Borough's Anadromous Streams Habitat Protection
Ordinance by adopting it and incorporating it by reference into KMC 14.20.165.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. ~PZ04-23-Home Occupation Permit (Day Care)-For the property known as Lot 1l,
Block 4 Redoubt Terrace Subdivision (1511 Fathom Drive). Application submitted by
Sonja Tribble,1511 Fathom Drive, Kenai, Alaska.
b. A lease application for a 400' X 392' (deep) parcel located on Willow street North of Lot
4, FBO Subdivision No. 7, submitted by Cliff R. Everts d/b/a Everts Fuel, Inc. -
Discussion and Recommendation.
Agenda
June 23, 2004
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
13. COMMISSION COMMENTS & QUESTIONS:
Page 2
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 9, 2004 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these items
unless a Commission Member so requests, in which case the item will be removed from the Consent
Agenda and considered in its normal sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *May 26, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ04-20 - An application for an Encroachment Permit for side yard setback for the property
known as Lot 8, Ruby's Dazzling Scenic View Subdivision (1402 Barabara Drive), Kenai,
Alaska. Application submitted by Ty & Nicolette Schemanski,1402 Barabara Drive, Kenai,
Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Amendment to KMC 14.22.010 - Land Use Table - Discussion
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
a. One Stop Grocery Store - Building Permit & Landscape Site Plan
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (5/10/04 & 5/25/04)
b. KPB Administrative Plat Approval - Baron Park No.12
13. COMMISSION COMMENTS ~ QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMIVIISSION
AGENDA
CITY COUNCIL CHAMBERS
JUNE 9, 2004 - 7:00 P.M.
CHAIR CARL GLICK, PRESIDING
MTNTTTF.~
ITEM 1: CALL TO ORDER
Chair Glick called the meeting to order at approximately 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners Present: J. Barrett, J. Hammelman, B. Eldridge, N. Amen, C. Glick,
and P. Bryson
Commissioners Absent: None
Others Present: City Clerk Freas, Council Member Bookey, City Planner
Kebschull, Planning 8~ Zoning Administrative Assistant
Carver
1-b. Agenda Approval
The items were requested to be added to the agenda:
ADD T0: Item 5-a, PZ04-20 -- Letter from Sharalyn ~1Uright, Thomas Wright
and Sara Wright opposing the encroachment permit application.
ADD AS: Item 6-a, PZ04-22 -- Recommending to the Council of the City of
Kenai, Alaska, the Council Elect to Administer the Kenai
Peninsula Borough's Anadromous Streams Habitat Protection
Ordinance by Adopting It and Incorporating It by Reference into
KMC 14.20.165.
ADD T0: Item 7-a, PZ04-21 -- Amendment to KMC 14.22.010, Land Use
Table (Resolution and Draft Ordinance)
MOTION:
Commissioner Eldridge MOVED to approve the agenda with the additions to Items 5-a,
6-a, and 7-a and requested UNANIMOUS CONSENT. Commissioner Barrett
SECONDED the motion.
Commissioner Bryson suggested Item 6-a should be New Business and Kebschull
stated, because no action would be taken at this meeting, it should be Old Business.
The public hearing will be held at the next Commission meeting.
VOTE:
There were no objections. SO ORDERED.
1-c. Consent Agenda
ITEM 2: APPROVAL OF MINUTES -- May 26, 2004
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS -- None.
ITEM 5: PUBLIC HEARINGS
5-a. PZ04-20 - An application for an Encroachment Permit for side yard
setback for the property known as Lot 8, Ruby's Dazzling Scenic View
Subdivision (1402 Barabara Drive), Kenai, Alaska. Application
submitted by Ty 8~ Nicolette Schemanski, 1402 Barabara Drive, Kenai,
Alaska.
MOTION:
Commissioner Eldridge MOVED for approval of PZ04-20 and Commissioner Bryson
SECONDED the motion.
Kebschull noted the letter from Sharalyn, Thomas and Sara Wright obj ecting to the
encroachment permit which was added to the agenda at the beginning of the meeting.
She also noted, the applicants were present as well as an adj acent property owner.
Glick asked if the date of the hearing could be changed as requested by the Wrights
and Kebschull explained it could not due to the public hearing being advertised. She
added, during a telephone conversation with Sharalyn Wright, she advised her the
public hearing had been advertised and because of that, the public hearing had to be
held at this meeting. However, the Commission could continue the hearing if they
chose. Kebschull also reported, the hearing notice had been mailed to the ~1Uright
address and Ms. Wright indicated she had not received it. Ms. Wright also noted, she
was calling from Seattle and her mail had been forwarded to a Juneau address.
Kebschull stated the city code was followed in regard to advertising and notifying
adj acent property owners of the permit.
Chair Glick opened the public hearing.
Glen Clifford, P.O. Box 245, Kenai, AK -- Clifford stated the applicants had
contacted he and his wife during the winter and said they wanted to come closer to the
PLANNING 8~ ZONING COMMISSION MEETING
JUNE 9, 2004
PAGE 2
property, but according to the agreement in the subdivision covenant, a 20 foot
setback was required on the side. At that time, he told her they would stay with the
20 feet. ~1Uhen the contractor made the error on the property (he couldn't find the
stakes in the snow), he told the applicants they would not argue the point if the
Commission approved the status as is. Clifford added, they did discuss the driveway
being in the middle of the property line and they would like it moved on to the middle
of their property.
Barrett advised subdivision covenants are not enforced by the city and the city has
different setback requirements. Bryson noted, the encroachment cannot address
trespass issues and the driveway situation was a trespass issue. Clifford stated he
was not objecting to the structure as it is now.
Barrett asked the applicant if a continuation of the public hearing would cause them a
hardship.
Nicolette Schemanski -- Stated a continuation would be hardship as they had been
put on hold for 30 days. She added, the walls are prefabricated and the lumber had
been delivered; all the crews were scheduled and they would prefer not to rearrange
those schedules. Schemanski also reported they had already discussed the moving of
the driveway with the exca~ator and the work had been arranged.
Schemanski also noted, the garage would be facing the street. ~1Uhen asked how the
Wright property related to hers, she indicated Lot 9 was owned by the VUrights.
Discussion followed and comments included:
• Commissioner Amen asked if the value of the adj acent property being
affected was not a condition to this issue. Kebschull stated, that issue would be
considered under conditional use permits and variances but is not a requirement of
this section of the code and, in this case, she didn't believe it would affect the
neighboring property owner.
• Bryson stated he felt a structure could be a perception of diminished
value, but Clifford was not objecting to the use and Lot 9 was not being damaged by
the activity that occurred. Bryson stated he would support the motion to approve the
permit.
• Commissioner Eldridge noted staff s recommendation to grant a two foot
encroachment for placing siding on the structure.
• Bryson noted, in the letter from the Wrights, their obj ection was
referenced to Lots 7 and 8; the petition is for Lot 8 alone.
• The Commission does not necessarily need to discuss the request to
continue a public hearing because all the requirements for the public hearing had
been met, i.e. mailings, advertisement, etc.; under different circumstances, a request
to continue may need to be discussed.
PLANNING 8~ ZONING COMMISSION MEETING
JUNE 9, 2004
PAGE 3
VOTE:
Barrett Yes Hammelman Yes Eldridge Yes
Amen Yes Glick Yes Bryson Yes
MOTION PASSED UNANIMOUSLY.
Glick noted, a letter of appeal may be filed with the City Clerk within 15 days of the
meeting's action. Kebschull also noted she informed Wright of the appeal process and
invited her to call her in the morning to learn what action was taken.
ITEM 6: OLD BUSINESS
6-a. Discussion -- Draft PZ04-22 -- Recommending to the Council of the City
of Kenai, Alaska, the Council Elect to Administer the Kenai Peninsula
Borough's Anadromous Streams Habitat Protection Ordinance by
Adopting It and Incorporating It by Reference into KMC 14.20.165.
Kebschull reviewed the draft Planning 8~ Zoning resolution which was added to the
agenda at the beginning of the meeting and noted, the Harbor Commission had
reviewed the information at their June 7 meeting. A public hearing on PZ04-22 will be
scheduled for the June 23 Commission meeting and no action was required for this
meeting. It was also noted the Harbor Commission recommended approval by the City
Council, though they did not haVe a copy of the draft for review, however they will see
it before the ordinance goes before council for public hearing.
ITEM 7: NEW BUSINESS
7-a. Discussion -- Amendment to KMC 14.22.010 - Land Use Table
Kebschull reviewed her memorandum included in the packet and noted the draft
resolution added to the agenda at the beginning of the meeting. She explained,
recently, there was a lot of interest in airport properties. The majority of unsubdivided
airport property is zoned conservation. The newly adopted Comprehensive Plan has
recommended an airport overlay zone to eliminate the zoning restrictions on this property due
to the conservation status. The original plan was to begin this process as soon as the
Comprehensive Plan was adopted, however the airport is in the process of conducting an
airport supplemental plan to include an inventory of airport properties and recommendations
for future. Because it would seem premature to rezone properties without the advantage of the
supplemental plan and the consultant's recommendation, Administration's recommendation is
to amend KMC 14.20.070(a) to allow uses as permitted by the FAA.
Kebschull added, the resolution would be before the Commission for public hearing at
their June 23 meeting and no action was required at this meeting. Council will ha~e
the ordinance before them at their June 16 meeting for introduction.
PLANNING 8~ ZONING COMMISSION MEETING
JUNE 9, 2004
PAGE 4
ITEM 8: PENDING ITEIVIS -- None.
ITEM 9: CODE ENFORCEMENT
9-a. Discussion -- One Stop Grocery Store - Building Permit 8~ Landscape
Site Plan
Kebschull reviewed the information included in the packet and noted:
• The property had a new owner who cleared the land last fall and the city
informed them in writing they would need to submit a landscape site plan.
• The owners now placed a coffee kiosk on the property and would need to
start the process over again, i.e. building permit, landscaping site plan, etc.
• The most owners were unaware of city landscaping requirements for that
property, but would ha~e been notified of them if they had filed the required landscape
site plan.
• When the initial landscape site plan was approved there were included
strict buffering requirements.
• Because the owners breached the original requirements and didn't
submit a landscape site plan, they will be informed they need to buffer the land by
extending the fence or planting new trees, etc.
• The owners will be given an amount of time to make the appropriate
submissions, etc.
TTF.M 1 n~ RF.PnRT~
10-a. City Council -- Bookey reported the Council had passed the budget,
with a~ 176,000 deficit, however he felt the revenue would be higher than projected.
He added, amendments were made to hire an additional police officer, add Sunday
hours at the library, and purchase a town clock for probable installation at the
Memorial Park. Bookey also reported the mil rate was reduced by one-half mil.
10-b. Borough Planning -- No report.
10-c. Administration -- Kebschull reported the Borough Assembly had
adopted the City of Kenai Comprehensive Plan (copies were later distributed to the
Commission) and noted areas of the code the Commission should probably review in
the future as the landscaping site plan and subdivision ordinances.
ITEM 11: PERSONS PRESENT NOT SCHEDULE -- None.
ITEM 12: INFORMATION ITEIVIS
12-a. Zoning Bulletin (5 / 10 / 04 8~ 5/ 2 5/ 04)
12-b. KPB Administrative Plat Approval - Baron Park No. 12
PLANNING 8~ ZONING COMMISSION MEETING
JUNE 9, 2004
PAGE 5
ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Barrett MOVED for adj ournment and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:06 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING 8~ ZONING COMMISSION MEETING
JUNE 9, 2004
PAGE 6
CITY OF KENAI
PLANNING 8~ ZONING COMMISSION
PZ04-21
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT THE LAND USE TABLE IN KMC 14.22.010 BE AMENDED TO
PROVIDE THAT FAA AUTHORIZED USES ARE ALLOWED IN THE CONSERVATION
ZONE FOR THOSE PROPERTIES CONTAINED INSIDE THE AIRPORT PERIMETER
FENCE OR HAVING ACCESS TO AIRCRAFT MOVEMENT AREAS, RAMPS, TAXI~IUAY
OR PARKING APRONS.
WHEREAS, footnote 20 of the land use table allows only aircraft approach zones for
a~iation related uses in the Conservation Zone; and
WHEREAS, allowing FAA authorized a~iation uses within the airport fence or in areas
ha~ing access to aircraft movement areas, ramps or taxiway or parking areas will allow
for needed a~iation uses near the runway while still protecting the vast majority of the
property in the Conservation Zone around the airport; and
WHEREAS, it is in the best interest of the City of Kenai to amend footnote 20 in KMC
14.20.010.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS
THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND Footnote 20 in KMC
14.20.010 is amended as follows:
14.020.010
Footnotes:
(20) The airport related uses allowed under this entry are aircraft
approach zones per KMC 14.20.070(a), except that for properties
contained inside the airport perimeter or ha~in~ access to aircraft
movement areas, ramps, taxiways or parking aprons, FAA authorized
uses are allowed.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 23rd day of July 2004.
Chairman
ATTEST:
Suggested by: Administration
CITY OF KENAI
ORDINANCE N0. -2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE
TABLE IN KMC 14.22.010 TO PROVIDE THAT FAA AUTHORIZED USES ARE ALLOWED IN THE
CONSERVATION ZONE FOR THOSE PROPERTIES CONTAINED INSIDE THE AIRPORT PERIMETER
FENCE OR HAVING ACCESS TO AIRCRAFT MOVEMENT AREAS, RAMPS, TAXIWAY OR PARKING
APRONS.
WHEREAS, footnote 20 of the land use table allows only aircraft approach zones for aviation related
uses in the Conservation Zone; and
WHEREAS, allowing FAA authorized aviation uses within the airport fence or in areas having access
to aircraft movement areas, ramps or taxiway or parking areas will allow for needed aviation uses
near the runway while still protecting the vast maj ority of the property in the Conservation Zone
around the airport; and
WHEREAS, it is in the best interest of the City of Kenai to amend footnote 20 in KMC 14.20.010.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that
Footnote 20 in KMC 14.20.010 is amended as follows:
14.020.010
Footnotes:
(20) The airport related uses allowed under this entry are aircraft approach zones
per KMC 14.20.070(a), except that for properties contained inside the airport
perimeter or havin~ access to aircraft movement areas, ramps, taxiways or parkin~
aprons, FAA authorized uses are allowed.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of July 2004.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced: June 16, 2004
Adopted: July 7, 2004
Effective: August 7, 2004
(6/8/04- sp)
CITY OF KENAI
PLANNING 8~ ZONING COMMISSION
PZ04-22
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT THE COUNCIL ELECT TO ADMINISTER THE KENAI PENINSULA
BOROUGH'S ANADROMOUS STREAMS HABITAT PROTECTION ORDINANCE BY
ADOPTING IT AND INCORPORATING IT BY REFERENCE INTO KMC 14.20.165.
WHEREAS, AS 29.40.010 grants the Kenai Peninsula Borough planning, platting and
land use regulation power on an area-wide basis; and
WHEREAS, in 1996, the Kenai Peninsula Borough adopted an Anadromous Steams
Habitat Protection Ordinance, codified as KPB 21.18.010-140; and
WHEREAS, KPB 21.18.100 allows cities within the covered area to administer and
enforce the ordinance by enacting an ordinance incorporating it by reference into the
city code; and
WHEREAS, consistent with its home rule powers the City of Kenai finds it is in the
best interest of the city to administer and enforce the Anadromous Streams Habitat
Protection Ordinance by incorporating it into its city code as KMC 14.20.165; and
WHEREAS, the City of Kenai finds that zoning decisions affecting property within the
City of Kenai should be made locally.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS TO
THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.165 be enacted as
follows:
14.20.165 Anadromous Steams Habitat Protection
There is hereby incorporated by reference into this Code, KPB 21.18,
to the extent that such provisions are in effect on or following the
effective date of this ordinance.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 23rd day of June 2004.
Chairman
ATTEST:
Suggested by: Councilor Bookey
CITY OF KENAI
ORDINANCE N0. -2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ELECTING TO
ADMINISTER THE KENAI PENINSULA BOROUGH'S ANADROMOUS STREAMS HABITAT
PROTECTION ORDINANCE BY ADOPTING IT AND INCORPORATING IT BY REFERENCE INTO
KMC 14.20.165.
WHEREAS, AS 29.40.010 grants the Kenai Peninsula Borough planning, platting and land use
regulation power on an area-wide basis; and
WHEREAS, in 1996, the Kenai Peninsula Borough adopted an Anadromous Steams Habitat
Protection Ordinance, codified as KPB 21.18.010-140; and
WHEREAS, KPB 21.18.100 allows cities within the covered area to administer and enforce the
ordinance by enacting an ordinance incorporating it by reference into the city code; and
WHEREAS, consistent with its home rule powers the City of Kenai finds it is in the best interest
of the city to administer and enforce the Anadromous Streams Habitat Protection Ordinance by
incorporating it into its city code as KMC 14.20.165; and
WHEREAS, the City of Kenai finds that zoning decisions affecting property within the City of
Kenai should be made locally.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
that KMC 14.20.165 be enacted as follows:
14.20.165 Anadromous Steams Habitat Protection
There is hereby incorporated by reference into this Code, KPB 21.18, to the
extent that such provisions are in effect on or following the effective date of this
ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2004.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
(5/26/04 sp)
~
`.
~ ti
,~
21.IF.010 KEI~rAI PEI~'Ii~'SL'LA BORUUGH CCjDE
CHA.PTER 21.18. ANADROMOUS STREA.NIS HA.BITAT PROTECTIO~I'k
Z1.I8.010. Purpose.
The purpose of this chapter is to ensure measures for the protection within the Kenai
Peninsula Borough of sa]mon spawning and rearing habitat are applied in a eonsistent
mariner w hi le recognizing private pr,~perty rights and providing cities the option to administer
the ordinance within their boundaries. It is the intent of this ordinance to avoid du licatin
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regulations of state, federal, or municipal agencies and to minimize conflicts between those
regulations and this ordinance.
(Ord. No. 2000-08, § 2, 5-16-00; Ord. No. 96-06, § ltpart), 1996)
21,18.020. Findings.
In enacting this ordinance the assembly finds numerous factors affect the habitat of the
anadromous streams within the Kenai Peninsula Borough. Among others these include bank
erosion, bank trampling, pollution, inadequate tourism infrastructure, unsuccessful attem ts
A
to remedy bank erosion or protect and restore habitat, inconsistent regulations, lo 'n
gb~ g~
grazing, mining, wetland fill and drainage, excavation and fill of property, dred 'n , ina ro-
~ g PP
priately installed culverts, fuel storage, and maintenance of existing structures. The assembl
Y
finds that the sensitivity of the river area requires general prohibition of activities within an
area immediately adjacent to the anadromous streams and only activities which do not
damage the habitat should be allowed. The assembly finds that certain activities have minor
impact and that existing state, federal and local laws and regulations contain sufficient
controls on these activities that further regulation is not currently needed. The assembl
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further finds that fuel storage and significant removal of vegetation within the 100- ear floo
y d
plain along the anadromous streams need regulation to protect the salmon habitat.
~Ord. No. 2000-08, ~ 3, 5-16-00; ~rd. No. 96-06, § 1(part), 1996)
21.18.025. Application.
The following anadromous streams, as identified in the "Atlas and Catalo ie of Waters
~
Important for Spawning, Rearing, or Migration of Anadromous Fish" ublished b the Alaska
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Department of Fish and Game, are subject to this chapter:
A. Within the east side of Cook Inlet as follows:
1, Kenai River, Stream No. 244-30-10010, and its following tributaries:
(a ) Beaver Creek, Stream No. 24430• 10010-2025
(b) Slikok Creek, Stream No. 24430-10010•2030
(c) Soldotna Creek, Stream No. 24430-10010-2039
(d) Funny River, Stream ~'o. 24430-1Op10-2~50
(e) Moose River, Stream No. 24430-10010-2063
-
~Editor's note-~--Qrd. No. 2000-08, § 1, adopted May 16, 2000, amended the title of Ch.
21.18, to read as herein set out. See the Code Comparative Table,
Supp. No. 6
21-56
ZOI~'ING
(fl Killey River, Stream No. 24430-10010-2076
(g) Upper Killey River, Stream No. 24430-10010-2110
(h) Russian River, Stream No.,~4430-10010-2158
(i) Quartz River, Stream No. 24430-10~10-2I7?
(j ) ~ail River, Stream No, 24430-10010-2225
2. Swanson River, Stream No. 24?-90-10020
3. Kasilof River, Stream No. 244-30-10050
4. Ninilchik River, Stream No. 244-~0-10090
5. Deep Creek, Stream No. 244•20-10100
6. Stariski Creek, Stream No. 244-10-10050
?. Anchor River, Stream No. 244-10-10410
8. Fox River, Stream No. 241-14-10645
9. Seldovia River, Stream No. 241-11-1~730
10. English Bay River, Stream No. 241-30•10500
11. Bradley River, Stream No. 241-1410fi25-2010
12. Bishop Creek, Stream No. 246-90-10030
13. Chickaloon Creek, Stream No. 247-fi0-10110
14. North Fork of Anchor River, Stream No. 24410-10010-2011
15. Seven Egg Creek, Stream No. 24780-10010
(Ord, No. 2000-08, § 4, 5-16-00)
21.18.030, Periodic review,
21.18.035
As part of its role in comprehensive planning the planning de artment shall
P prepare an
assessment of the benefits and effectiveness of this chapter after one year, with a review eve
two years thereafter. In re arin this evaluati ~
P P g on the planning commission shall hold at least
one public hearing.
(Ord, No. 96-06, ~ 1(part), 1996)
21.18,035. Kenai River watershed district,
There is established a Kenai River watershed district comprised of all lands 1'n with'
y~ g in or
contiguous to the Kenai River drainage system as bounded and defined on the official ma
p, a
copy of which is attached as Exhibit A, which shall be kept on file in the lannin de artment
p g P
The Kenai River drainage system shall include all sections of the Kenai River to its outlet i
nto
Cook Inlet, all tributaries and small lake systems including Kenai and Skilak Lakes and th '
eir
headwaters. The purpose of establishing this watershed district is for watershed bound '
ar~es
only. Inclusion ind.icates that the area is important to the Kenai River watershed,
(Ord. No. 96-06, § 1(part),1996)
Supp. Na. 6 21--5?
21. ~8.040 ~iE~'Ai PE~ I?~ SL'LA BOROL'GH CODE
21.18.040. Habitat protection area estabtished.
There is established an anadramous stream habitat protection area. Except as otherwise
provided in this section, this area includes all lands within 50 horizontal feet of the streams set
forth in KPB 21.18.025. This shall be measured from the ordinary high water mark or mean
high water line in tidal areas. Where the banks within this ~ 0-foot area consist of a fi0 degree
or more cut bank the habitat protection area shall consist of the greater of 50 feet from the
river or to a point 25 feet back from the top of the cut bank.
(Ord, No, 2400-08, § 5, 5-16-00; Ord, No, 96-06, § 1(part), 1996)
21.18.454. Flood plain-Restrictions within for habitat protection-Permit required-
Fuel storage tanks and logging--Conditions,
A. No person shall install or replace a fuel storage tank or conduct logging activities as
defined in this section within any flood hazard area bordering the Kenai River or any of its
tributaries or other anadromous streams set forth in KPB 21.18.025 without first obtaining a
permit from the borough planning director. In this section "flood hazard area" means any area
designated as such pursuant to KPB 21.Ofi and shown on the most recent flood insurance rate
maps published by the Federal Emergency Management Agency.
B. Application for a permit shall be made to the borough planning department, No permit
shall be issued unless the planning director or designee determines that the proposed activity
meets the requirements of subsection C of this section, The applicant shall submit site or work
plans showing the location of the activity, the proposed means of conducting the activity, and
information showing that the proposed activity meets the conditions of this section.
C. Fuel storage tanks must be attached or anchored solidly to a structure or to the ground.
Cables may be used for anchoring that are of sufficient strength to prevent the tank from
tearing loose if it were to float while empty. The tank must also be installed within an
impervious containment basin of a size sufficient to contain 110~'l of storage capacity plus 12
inches of free board.
D. No permit shall be issued for logging unless the borough planning director, or designee,
determines the clearing does not result in a cleared area larger than 20 percent of the total
area of the parcel provided that clearing for the footpr~nt of a building may exceed this 20
percent limit. Multiple cleared areas may exist on a pa~~cel but the total of aIl such areas may
not exceed 50 percent of the total area of the parcel upon which the logging permit is sought.
The planning director may also deny a permit upon a determination that the proposed logging
will increase runoff and/or erosion to such levels that it may significantly damage the riparian
habitat and wetlands within the habitat protection area.
E. A decision of the planning director under this section may be appealed to the planning
commission. The appeal must be filed with the planning director within seven days of the date
of the decision and state the basis of the appeal. Only the applicant or an affected property
owner may appeal a decision.
(Ord. No. 2000-08, §§ 6, 7, 5-16-00; Ord. No. 96-06, § 1(part), 1996)
Supp. I~o. 6 21-58
ZQNI~'G 21.18.0~ ~
21.18.Ofi0. Prahibited activity within the protection area.
VVit,~in the habitat protection area established by Section 21.18,040 of this ch
apter, no
building, construction, filling, excavation, major clearing of ve etation cornrn '
g , ercial recre-
ational uses, or activity which results in significant erosion or dama e to ri arian h'
g p abltat, or
results in or increases ground or water pollution, can be conducted exce t when s
p pecifically
allowed under KPB 21.18.070, or when a conditional use permit has been issued
pursuant to
KPB 21.18,072 or 21.18.080 or when allowed for a period existin struc~
g ure under the
provisions of KPB 21.18.Q90,
(Ord. No. 96-06, § 1(part), 1996)
21.18,070, Activities not requiring a permit.
A. The acti~~ities specified in this section may be conducted within the habitat
proteetion
area zone without obtaining a permit from the borough under this chapter. This section in
no
way waives or rnodifies the necessity of adherence to other provisions of the KPB code
including KPB 21.06 (flood plain management), or requirements of a ermit from ~
P federal, state
or local governments. Conduct of activities listed in this section are ex ressl con ''
P y dittoned upon
obtaining all applicable permits. Conduct of activity without obtainin necessar '
g y permits shall
be considered a violation of this chapter, subject to the rovisions of Sectio
P n 21.18.110.
B. The following activities, to the extent they do not result in si ificant ero '
~ sion or damage
to riparian habitat, or result in or increase ground or water pollution do not '
, requ~re the
issuance of a permit under this chapter:
l. Minor vegetation management ~trimming, pruning, or removal of hazardou
s trees)
2. Private non-commercial recreational uses that do not involve construction
, excavation
or fill of land
3. Construction, installation, repair and maintenance of ladders ste s ca '
f p , ntilevered
walkways, platforms, docks, and bank restoration and protection and maint
enance
dredging that are regulated by and require a permit from the ,Alaska De a
p rtment of
Natural Resources, State Parks Division, and the Alaska Department of Fish
& Game,
U.S. Army Corps of Engineers and other applicable agencies. The activit m
y ust comply
with all conditions and regulations imposed on such activity.
4. Boardwalks and gratewalks with less than 75 percent but a minimum of 25
percent
light penetration must be constructed so that no part, other than the su ortin
Pp g posts,
are ~ess than 18 inches off the ground. Gratewalks with at least 75 ercent li
p ght
penetration must be constructed so that no part, other than the supportin osts are
gP ~
within eight inches off the ground. Boardwalks and gratewalks are not to exceed ei
ght
feet in width, and those boardwalks and gratewalks running alon or arallel to t
g P he
banks of the streams shall be limited in length to no more than one-third (~/3 the
) total
lineal river frontage of the parcel on which it is constructed. Boardwalks
and
gratewalks must be constructed of wood, plastic, fiberglass, aluminum, steel or other
~
non-toxic material. If the wood is treated, it must be certified as non-toxic to lants and
A
Supp. ~vo, s 21-59
M~
21.1b.070 kE:~'~~I PEI~'I?~'SL'LA B~ROLTG~~~ CC3DE
animals b3T an independent laboratory or other appropriate agency. Boardwalks and
gratewalks not meeting the above requirements shall require a conditional use permit.
5. Stairways, steps and ladders across land adjacent to the river which is at least 10
degrees steep, or from any adjacent land into the water or onto a floating dock, and
with at least ?5 percent light penetration, must be constructed so that no part, other
than the supporting posts, are within S inches off the ground. Stairways, steps and
ladders with less than 75 percent but a minimum of 25 percent light penetration rnust
be constructed so that no part, other than the supporting posts, are less than 18 inches
off the ground. Stairways, steps and ladders must be constructed of wood, plastic,
fiberglass, aluminum, steel, or other non-toxic material. If the wood is treated, it must
be certified as non-toxic to plants and animals by an independent laboratory or other
appropriate agency. Stairways, steps and ladders not meeting the above requirements
shall require a conditional use permit.
6. Fish cleaning stations. (Covered and/or walled in fish cleaning stations shall require a
conditional use permit,)
t~rd. No. 2000-08, § 8, 5-16-00; Ord, No, 97-26, § 1, 1997; Ord. No. 96-06 1 a
, § (p rt), 1996)
21.18.072. Limited commercial aetivity within habitat protection area.
The planning commission may issue a permit for activities to be conducted within or usin
g
the habitat protection area as provided in this section. Permits are required for commercial
activities of the same nature as those allowed under 21.18,070 B. for private non-commercial
use upon conditions that the activity is limited to pedestrian use over boardwalks, stair and
docks necessary to alleviate the increased levels of activity attendant to the commercial
activity, A permit may not be issued unless the planning commission determines the activit
Y
will be conducted in a manner that does not result in signifieant erosion, destruction or
wetlands or riparian habitat, or result in or increase ground or water pollution. Permits are
conditioned upon compliance wiCh all applicable federal, state and local law~ and re lations.
~
In granting a permit, the planning commission may establish such conditions on the
development, use or operation of the activity or facility for which the conditional use ermit is
P
granted as it determines necessary to prevent eras~on, destruction of wetlands or ri arian
P
habitat or result in or increase ground or water pollution. The activity must be conducted on
a portion of property adjacent to the property within the habitat protection area for which the
permit is sought.
(Ord. No. 96-Ofi, § 1(part),199fi)
21.18.084. Conditional use permit.
A. An owner may apply for a conditional use permit to allow activities which are prohibited
within the habitat protection area. Conditional use permit requests shall be approved or
denied by the planning commission. The construction or installation phase of an activit
Y
requiring a conditional use permit must be completed within one calendar year from the date
of the permit's issuance, or the conditional use permit shall expire. However, prior to its
expiration date, a conditional use permit extension for up to twelve f 12) months may be
~upp. No. 6
21--~0
ZO~TING 21.18.090
granted by the planning director upon v~~ritten request, A conditional use permit may not be
approved unless it is determined the activity will be conducted in a manner that does not
result in significant erosion, destruction of wetlands or ri~arian habita'~, or result in or
increase ground or water pollution. Conditional use permits are condition$ci upon compliance
with all applicable federal, state and local laws and regulations. In granting a conditional use
permit, the planning commission may establish such conditions on the development, use or
operation of the activity or facility for which the conditional use permit is granted as it
determines necessary to prevent erosion, destruction of wetlands or riparian habitat, or result
in or increase ground or water pollution. Additionally a conditional use permit may not be
granted unless the planning commission determines that the owner will be deprived of
reasonable use of the property without a conditional use permit being granted.
B. A person seeking a conditional use perrnit must make application to the borou h
g
planning department. The application shall provide information describing the ro osed
P P
activity and demonstrate that the activity meets the conditions for conditional use permit. The
plar~ning commission has no obligation to ascertain whether special conditions can be
develaped or imposed unless the applicant has submitted adequate information to demon-
strate that the proposed methods or conditians will eliminate the impacts of the activity within
the protection area. If the planning commission determines a proposed activity will cause
significant erosion, destruction of wetlands or riparian habitat, or result in or increase ound
~
or water pollution it shall deny a conditional use permit for the requested activity.
(Ord. No. 97-25, § 2, 1997; Ord. No. 96-06, § 1(part), 199fi)
21.18.090. Prior existing activities and structures.
A, Intent. There are activities which were conducted, and structures which were under
construction, or exist and were in use before the enactment of this ordinance which would be
prohibited or restricted under the terms of this ordinance or future amendments. It is the
intent of this section to permit these prior existing activities or structures to continue. An
Y
such activities or structures must still comply with other applicable laws. The activities
referenced in this section shall be allowed if they do not result in significant erosion or dama e
g
to the riparian habitat.
B. Structures. Structures which were under construction or in use before the e~'ective date
of any provision of this chapter, but that would be prohibited or restricted under the terms of
this chapter shall be allowed to continue, provided that a structure under construction must
be substantially completed within two years of enactment of this ordinance. Such a structure
may be maintained ar repaired without a permit. Such a structure may also be replaced or
reconstructed within two years after accidental damage to accidental destruction by fire,
explosion, or other casualty or act of God. Reconstruction or replacement not completed within
two years of the date of the damage is prohibited except in compliance with current
requirernents, Such replacement or reconstruction may only be undertaken in the same space
that the structure occupied prior to damage or destruction.
Supp. No. s 21-~1
2~.I8.aQo KE~TAI PE~~I~"S~TLA BOROL1GH CC~PE
C. Acti~~ities, This chapter shall not prohibit or restrict activities r~~hich were conducted
before the effective date of any provision of this chapter, provided that, after the effective date,
such activities are conducted in the same location and are not enlarged to include a greater
number of participants or to oceupy a greater area of land.
D, Permits. Any enlargement or expansion of such an activity or structure within the
habitat protection area shall require a conditional use permit. A conditionat use permit shall
be granted to an applicant if the enlargement or expansion will be conducted in a manner that
does not result in significant erosion, destruction of wetlands or riparian habitat or increase in
ground or water pollution. The permitting authority may attach conditions to the permit it
feels are reasonably necessary to achieve the above objectives.
E. Other provisions.
l. Any prior existing activity or structure which is abandoned for two years or more shall
thereafter not be conducted, used or occupied except in conformity with the provisions
of this chapter.
2. Nothing in this chapter shall prevent any change of tenancy, ownership or manage-
ment of any prior existing structure.
(Ord. No. 96-Ofi, § 1(part), 1996)
21.18.104. Administration by cities--Delegation-Legal proceedings.
A. The administration and enforcement of this ordinance may be undertaken by a city.
B. A city may adopt the standards established in this chapter or prescribe standards more
stringent than those established in this chapter for the areas of the city within the habitat
protection area or other areas regulated by this chapter. A conditional use permit issued by a
city planning commission may serve to satisfy the requirements of 21.18.072 and 21.18.080.
C. A city wishing to administer and enforce this chapter shall enact an ordinance adopting
the provisions of this chapter by reference, providing the city will undertake the administra-
tion in conjunction with the administration of land use regulations and building and health
codes enacted by the city. Within 30 days of passage of the ordinance the mayor shall transfer
the administration and enforcement to the city. The city may relinquish and transfer the
administration and enforcement back to the borough by ordinance, however the transfer shall
not take effect unti190 days after the city approves the transfer or the commencement of a new
fiscal year for the borough, whichever is greater.
D. If a eity assumes administration of this chapter, conditional use permit determinations
shall be made by the city planning cornmission, or by the city council, as provided by city
ordinance. Appeals or legal proceedings taken from actions of the city in administering shall
be the sole responsibility of the city.
(Ord. No. 2000-08, § 9, 5-16-00; Ord. No. 97-26, § 3, 1997; Ord. No. 96-06, § 1(part), 1996)
Supp. No. 6 21.-s2
ZOI~'I?~TG
21.1~.I10. Violations---Enforcement.
2I.15.140
Violations of this chapter are infractions and are subject to civil fines, Enforcement of the
provisions of this chapter shall be done in accordance with the remedies set forth in KPB 21.24.
(Ord. No. 9?-55, § 4, 1997; Ord. No. 96-06, ~ l~part), 1996)
21.18.120. Conflict with city land use authority or other laws or regulations.
To the extent this chapter may conflict with any previous ,grant or delegation of land use
regulation authority from the borough, such previous del~gation of authority is modified or
limited so as not to conflict with this chapter. Except as otherwise specificall rovided b
YP y
another provision of this chapter, the restrictions on use of land activity established b this
Y
chapter shall be in addition to any other restrictions adopted by any state, federal or local
authority having authority to adopt those restrictions.
(Ord. No. 96-06, § ltpart), 1996)
21.18.130. Administration and appeals.
Applications for permits, conditional use permits or determinations under this cha ter will
P
be administered in accordance with the provisions of KPB 21.20 governing a lication natice
PP ,
and conduct of hearings. Appeals from action taken under this chapter will be handled in
accordance with the appeal procedures set forth in KPB 21.20.
(Ord. No, 9fi-06, § 1(part), 1996)
21.I8.135. Exemption for emergency situations.
In a declared emergency, the department, through its authorized representative, ma issue
Y
oral permits to a riparian owner for removing obstructions or for repairing existin structures
g
without the neces~ity of submitting prepared plans and specifications as ma be re uired b
y q Y
this chapter.
(Ord. No. 97-26, § 4, 1997)
21.18.140, Definitions.
As ~sed in this chapter:
A. "Commercial use" shall mean an occupation, employment, or enterprise that is carried
on for sale of goods or services or for profit.
B. "Conditional use" shall mean a use that would not be appropriate without restrictions
throughout the habitat protection area but which, if controlled as to number, area,
location, relation to the habitat or method of operation, would not cause or lead to
significant erosion, destruction of wetlands or riparian habitat, or result in or increase
ground or water pollution.
C. "Cut bank" shall mean banks of anadromous streams with exposed soil surface that
have occurred from natural or manmade causes whether the exposed surface extends
to the high water mark or not.
Supp. No. s 21-63
21.18.140 kE:~TAI PEtiTI:~'SL'LA $OROUGH CODE
D, "Erosion" shall mean significant sloughing, washout, or discharge of soil arising from
manmade sources or causes.
E. "Fuel storage tank" shall mean any vessel for the storage of petroleum based fuels
Yncluding gasoline, diesel, kerosene and heating oil having a liquid volume of 200
gallons or more.
F. "Ground or water pollution" shall mean the discharge, application, spread or release of
chemicals, toxic materials, fuels, pesticides, petroleum based fuels on or into the soil
and waters within the habitat protect ion area.
G. "Kenai River" shall mean the main stem of the river from and including Kenai Lake to
the mouth including Skilak Lake. The main stem shall include all sloughs, channels,
boat basins, distributaries, and lagoons. For the purpose of this chapter, the mouth
shall be described as the western most section line common to Section 5 and Section 8,
T5N, R11W, Seward Meridian.
H. "Logging" shall rnean removal or cutting down more than 50 trees per acre that have
a breast diameter height of 6" or more.
I. "Mean high water line" or "ordinary high water line" shall have the definition given in
11 AAC 53.900(15) as it currently exists or as it rnay be renumbered or revised.
J. "Ordinary high water mark" shall have the definition given in 11 AA.C 53,900(23) as it
currently exists or as it may be renumbered or revised.
K. "Riparian habitat" shall mean the areas within and adjacent to the river containing
spawning and rearing habitat for salmon or that provide immediate cover or stability
for salmon and eggs at all stages of development.
L. "Soil erosion" shall mean the increased movement of soils that occurs as a result of
human activities or development.
1~1. "Structure" shall mean anything which is constructed, erected or moved to or from any
premises and which is located above, on, or below the ground, includin~ buildings,
roads, signs, billboards, satellite antennas and other communication structures,
fences, and mobile homes.
N. "Wetlands" shall have the meaning given in 16 USC § 1302 as applied to land within
the habitat protection area.
0. "Gratewalks" shall mean elevated light penetrating (ELP) walkways utilizing sorne
variety of open grate m~terial as a surface.
P. "Substantially complete" shall mean essentially completed and available for the
owner's beneficial use for the purpose and in the manner intended for the structure.
Q"Boardwalks" shall mean elevated walkways utilizing wooden planks as a surface.
(Ord. No. 2000-08, § 10, 5-16-00; Ord. No. 9?-26, §§ 5, 6,1997; Ord. No. 96-06, § 1(part},1996)
Supp. No. 6 21-64
a
STAFF REPORT
To: Planning & Zoning Commission
Date: June 8, 2004
Prepared By: nc ~
Res: PZ04-23
GENERAL INFORMATION
Applicant: Sonja Tribble 335-1960
P.O. Box 1738
Kenai, AK 99611
Requested Action: Home Occupation - Day Care
Legal Description: Lot 11, Block 4 Redoubt Terrace Subdivision
Street Address: 1511 Fathom Drive
KPB Parcel No.: 04713033
Existing Zoning: RS-Suburban Residential
Current Land Use, Residential
Land Use Plan: Medium Density Residential
ANALYSIS
General Information:
KMC 14.20.230 outlines the regulations that allow home occupations in
residential areas. Applicant proposes to operate a day care from her residence,
Applicant has recently moved to a new residence and would like to transfer her
current day care, which she has operated October 2001. Day care is specifically
listed in the code as a permitted home occupation. Based on the information
provided, the proposed day care meets the requirements for a home occupation.
A fire inspection was conducted on the residence on June 3, 2004, If the
day care is still in operation, a follow-up will be required on June 3, 2006.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ04-23
2. Application
3. Drawings
CITY OF KENAI
PLANNING &ZONING COMMISSION
RESOLUTION N0. PZ04-23
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY
OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: DAY CARE -Nana's Place
(Type of Permit)
OPERATED BY: Sonja Tribble
LOCATED: 1511 Fathom Drive - Lot 11, Block 4 Redoubt Terrace Subdivision
(Street Address and Legal Description)
KENAI PENINSULA BOROUGH PARCEL N0: 04713033
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec.14.20.230, has been
submitted and received on Mav 17, 2004.
2. That the application has been reviewed by the Commission at their meeting
of June 23, 2004 and found that all application requirements have been
satisfied.
3. That the applicant has demonstrated with plans and other documents that he
can and will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the
Commission as a condition of permit issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission
of the City of Kenai that the applicant has demonstrated that the proposed
development meets the conditions required for said proposal and therefore the
Commission authorizes the permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this
23rd day of June 2004.
Chairman:
ATTEST:
FROM :Nana's Place
FAX N0. :907-283-1960 May. 17 2004 ~4:54PM P1
HOME OCCUPATION PERMIT
APPLICATIQN
. ~~ ~ ~y
DATE. I~
NAME: _.~~ 11~} I i' 1 b~,~~ PHONE: ~~Sr" ~
MAILIN~ ADDRESS: ~D ~f~ 1 .~~
. ..-. .
AH'YSrCAL ADD~tESS: J~ ~ ~ hL~.
,
LEGAL DESCItIPTYON; ; ~ / , ~ ~
PARCEL N~'M~~~: "~ ~ ~ ~- ~ 6~~ ~ Z , . ~..
oN~vG. 5
~ESCRIPTION OF OCCUPA~'YON: , r
Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow
Home Occupations in residential zones, subject to ~he followin~ conditions;
• Not more than one person outside the famil~ shall be Employed in the horne
occupatior~.
• No more than 34 % of the gross floor area of aIl buildings on the 1ot shall be
used for the bome occupation, Su~mit ~~fte lan showin s uare foot~
of all structures on the lot i~clud~n the residence and an ac e o
structures. In add~tion show arl~ng ar~ nd tra,ffic atterns, Clearlv
mark the are~ to be used for tbe bome occu a~f on,
~ The home occupation shall be carried ~n wholly within the rinci ~al buildin ~~ ~
. , , p p g~
or the buaid~ng whlch are accessory thereto. Any building used for a horne
occupation shali be wholly enelosed.
Applicant's Si~nature;
~~*~~~~~
APPiication revievred and app roved by:
Approved by the Planning & Zoning Commission;
~ ~
Dat~: ` ~
J ~ ,
~
plannin ning Oft~ 'a1
Dt~ ~
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"~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
"~t,~'~'N `` .
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~ ~~~ Telephone: 907-283-7535 / FAX: 907-283-3014 ~ ~
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KEH~I, AIASKA
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.
.
T0: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administratio
DATE: June 16, 2004
SUBJECT: Lease Application, Cliff R. Everts d/bla Everts Air Fuel, Inc.
The City of Kenai has received a lease application for a proposed 400' X 392' ~deep) parcel
located on Willow Street lying north of the property leased by the Forestry Department. (See
attached information provided by K. Howard.) The Planning Commission must determine if the
intended use complies with the zoning ordinance and the Comprehensive Plan.
The proposed parcel is zoned C- Conservation. The applicant plans to construct an air cargo
hangar and may expand the in the future to build a fuel farm. The land use table lists airports and
related uses as permitted. However, the use is limited to aircraft approach zones.
The City of Kenai Comprehensive Plan Land Use Plan shows the area as Airport Industrial. The
Airport Land Use shows this area as unsubdivided and available,
It appears the proposed use complies with the Comprehensive Plan. The proposed amendment
to the Land Use Table would allow development of the lot as planned, If the amendment were
not adopted, a rezone would be required.
~
W~ ~ ~
-- . . i~
~'~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
.~ _ FAX 907-283-3014 ~
,~a~,~r~ah-
~ ~
m
~ 1942
Date: June 15, 2004
To: Kenai Planning and Zoning Commission
For; Meeting of June 23rd
From: Kim Howard, Assistant to the City Manager
RE: Lease Application, Cliff R. Everts d/b/a Everts Air Fuel, Inc.
Cliff R. Everts d/b/a Everts Air Fuel, Inc. has submitted a lease application for a proposed 400' x
392' (deep) parcel located on Willow Street and lying north of the property leased by Forestry and
shown on the attached map. Everts is proposing a 55-year lease. The purpose is to construct an air
cargo hangar with an estimated construction cost of $575,000. They may expand and build a fuel
farm at a future date.
KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of
investment in improvement proposed and made, and the nature of the improvement proposed with
respect to durability and time required to amortize the proposed investment. The FAA has agreed
that the City may apply the criteria used by the State in 17 AAC 45 for their airport leases. This
application meets the criteria that allows for a 55-year lease for a$575,000 investment. Prior to
leasing, an appraisal must be approved by the Federal Aviation Administration.
The Airport Commission reviewed the application at their June 3rd meeting and determined the
intended use complies with the Airport Masterplan. The Planning and Zoning Commission needs
to determine if the intended use complies with the zoning ordinance and Comprehensive Plan
of the City.
Currently, the property is zoned Conservation and a rezone would be required prior to a building
permit being issued. However, the Administration intends to wait for completion of the planning
assessment by the airport consultants prior to a rezone. In order not to hold up development, an
ordinance is being prepared to amend the Land Use Table to allow for uses on the airport property
as allowed by FAA.
The recommendations of both commissions will be forwarded to the Kenai City Council for lease
application approval.
Cc: Cliff R. Everts, Everts Air Fuel, Inc.
/kh
Attachment
N0. 3
~
3
Proposed
Lot /
4
3 / / 3
REMAINDER OF SECTION 32 ~
2 ,~ Z ~0
~~ ~0
o ~
~Fe~~~`F ~~v~ 1 ~M
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06~01~2004 14;04 190~4~93826 E~ERTS ~IR FUEL INC P~GE 01
Legendazy ,A,ircraft. Extzaordinar Scr`ric~,
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P. 0, 8ox 60908 Fe,r~~nks, AK 99706 / 5525 Airport Jndustrial Rd., Ferrbanks AK 99709
Telephone (907) 450-2375 Fax (90T) 45a2328
~'une 1, 2004
City o~ ~e~ai
Attn: Ki~ ~owatd
Via fax to 1-907-283-3014
Dea~ ~s. Howatd:
Attac~aed is the Lease Applicatio~ C~ecklist. Additional to answer a~few questions let me
elabora~e ot~ Z~tea~s. We have listed the ~urpose o~ p~oposed lease as Air Car o and ~ue~
. . ... g
Fatm O~erations w~i~~e ~~at~a~~y we do not intend to build a~ue~ fatm this is a long term
lease and we do ~ot want to be limi~ed to expau~d~~g our operations in future years. VVe
do ~ea~~ze there are Sta~e Fire Code Regu~at~ons that govern the sco~e of a fuel ~arm and
we would have to sub~~t the proper documentation to go forward in t~at direction.
Also the Na~e o~ t~e ,A,pplicant was listed as Everts ~#~x ~ue~, ~~ac. and while we prefer
t~e ~ease be in the corn~any name we bave no problem wi~h ~he lease being issued ~~
Cli~ord R. Everts name.
~'~a~c you,
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C R. Eve~ts
Presidez~t
CITY OF KENAI
~ 210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
(907} 283-7535 Ext. 223
LEASE APPLICATION
Name of Applicant Everts Air Fuel, Inc.
Address P• 0. Box 609C~8 Fairbanks , AK 9970b
Business Name and Address s ame
Telephone 907-450-2375
Kenai Peninsula Borough Sales Tax No. (if applicable)
State of Alaska Business License No. (if applicable)
N/A
65510
Legal Description 400 x 392 (deep} property adj acent to Willow St & lying immediately N.
of Lot 4. ~
Purpose of Proposed Lease Air Cargo and Fuel Farm Operations
Term of Proposed Lease 55 years
Description of Proposed Development (type, construction materials, ~size, etc.)
; ~~~
Constructio~ of a 1.20 x~8- Steel Fabricated Building with off ice/storage f
maintenance work areas. Facility designed and built to meet current code
requirements. ~o ~ ~{~~'~~
. ~
Time Schedule for Proposed Development
• Begin~ning T~ate As soon as lease application approved
~ Completion Date (maximum of two years} 2006
Estimated Value of Improvements $~5 t~c~
~ ~~s
, , : ~~
APPLICANT S SIGNATURE: ~,
APPLICANT' S SIGNATURE:
Date: 05-25-2004
Date:
2
bb~bl~lbb4 14:04 190~4~93826 E~ERTS ~IR FUEL INC
,~~ ` .
CITY OF K.~~,A,I
LE,~SE APPLICAT~0~1 CHECKLIS~'
(A~~~ ~te~ns must be co~apleted before app~~cation can be acc~ted.)
Attach a develo~ment pla~a drawn to scale. Dzawings do not ~eed to be prepated by an
a~c~itect or enga~aee~. Show the layout of the lot and t~e ~ocation of a~~ proposed
a~n~rove~ments, T~e drawings also ~eed to show the followa~g.
~ . ~xisting bui~d~~gs
2. ~ro~osed builda~ags
3, ~arking facilit~es (~ow many spaces a~ad ~ocation)
4, Site ~naprovements
~ Areas to be caea~ed and method of d~sposa~
• ~~o~osed gravel or paved areas
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9, Fe~c~z~g - permit required if height ~s ove~ 6'
~O.Curb cuts (where applicab~e)
11. Bui~d~~g ~eaght
12. FAA Fonn 7460 Notice of Proposed Co~struction
~Foz co~astzuct~on of buildings on air~ort land, This fo~a. ~s to be submitted
to t~e ~,A-~ by the ap~lican~, It ~a~ be dowt~loaded fxo~ t~,e ~AA website
ht~p:/lwww.a~as~Ca.~aa.~ov/a~~ports. ~'he site has a menu for forms.
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CITY OF KENAI
LEASE APPLICATION - CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Kenai Peninsula Borough Parcel No. ~,~J'~ ~
.
Zonin ~onS~'G~ ~`d r~ ~- ~, on ~" k tr
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Permits Required:
• Conditional Use Permit
• Landscape Review
• Building Permit
• Sign Permit
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Assessments ~ ~
. . . ~
Insurance Limits Requlred '~,,'~`G , /~' r
,
Construction must begin by
Completion date for major construction ~~~ ~..,~,~,~
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
4
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 16, 2004
?:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt~: j jvwvw.ci.kenai.ak.us
6:00 P.M., COUHCIL STAFF MEETING
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its nornaal
sequence on the agenda as part of the General Orders.
ITEM B:
1.
ITEM C:
ITEM D:
ITEM E:
ITEM F:
~,
1.
2.
SCHEDULED PUBLIC COMMENTS (10 minutes)
Anna Wheeler, Senior Connection/Jim McConnell, Project
Coordinator -- Assisted Living Fa ''ty Proj ect.
tTHSCHEDULED PUBLIC COMMEHTS (3 minutes)
REPORTS ~F KPB ASSEMBLY. LEGISLATORS AND COUNCILS
REPORTS OF KENAI CONVENTION da VISITORS BUREAU
BOARD AND KENAI CHAMBER OF CO~ERCE
PUBLIC HEARIHGS
Ordiaaace No. 2049-2004 -- Increasing Estimated Revenues and
Appropriations by ~ 12,000 for a Federal Grant for Wetlands Protection.
Resolution No. 2004-30 -- Authorizing the Use of the Equipment
Replacement ~und to Purchase a Bucket Truck.
3. Resolutioa No. 2004-31-- Awarding a Contract to Western Power and
Equipment for a 2004 Tiger Triple Gang Flail Mower for the Total Amount
of $108,362.42.
~:
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~~
4. Resolution No. 2004-32 -- Awarding a Contract to Alaska Oil Sales to
Furnish and Deliver Unleaded ~,iel and Diesel Fuel No. 2 and Awarding a
Contract to Jackson Enterprises to ~,irnish and Deliver Diesel ~.iel No.
1.
5. Resolution No. 2004-33 -- Awarding a Contract to Alaska Oil Sales for
~,irnishing and Dispensing Unleaded and Diesel ~iel at the Service
Station Located at Willow Street and Kenai Spur Highway.
6. Resolution No. 2004-34 -- Awarding a Janitorial Contract for the Kenai
Community Library to Cleanway for the Period July 1, 2004 Through
June 30, 2005.
7. Resolution No. 2004-35 -- Approving a Contract to Dowl Engineers for
the Proj ect Entitled Kenai Municipal Airport Supplem~nt~ ~lanning
Assessment for Individual Lump Sum Amounts Not t~ ~~~ceed $424,000
Which Includes Phase I and Phase II.
ITEM G: MINUTES
1. *Regular Meetinng of June 2, 2004.
ITEM H: OLD BUS~~TESS
ITEM I: NE~i1 BUSIl1TESS
1. Bills to be Paid, Bills to be Ratified
2, Purchase Orders Exceeding $2,500
3. *Ordiaance No. 2050-2004 -- Amending KMC 1.90.050(b) to Change the
~ Tirne Period for Allowed Absences for Commissions and Committees
~~~ m Three Months to Six Months.
Fro
4. *Ordinaace No. 2~51-2004 -- Increasing Estirnated Revenues and
Appropriations by ~ 103,46Q in the Police Department for a Homeland
Security Grant to Purchase Equipmente
0 . 5. Ordinaace No. 2052-2004 -- Adoptulg KMC 13.40.055 to Require
Minors Under Eighteen ~ 18~ Years Old to ~Near a Properly Fitted and
Fastened, Certified, Protective Helmet VVhile Riding Bicycles and Other
S' ' ar Vehicles in Public Access Areas, and Imposing a Fine for
Violation of These Requirements.
6, *Ordi~ance No. 2053-2004 -- Amending the Land Use Table in K1VIC
14.22.010 to Provide That FAA Authorized Uses are Allowed in the
Conservation Zone for those Properties Contained Inside the Airport
Perimeter Fence or Having Access to Aircraft Movement Areas, Ramps,
Taxiway or Parking Aprons.
~i~~~T/~/ ~ . . . . . . ~
~~ va1-- Kena~ Cl Counc~l Pol~c for Comnussion Committee Board
~'~, Appro ty y , mm ,
~~ ' A' Meetin s and Work Sessions.
~ and Councll on ging g
8, Approval -- Employment Agreement Between the City of Kenai and Linda
L. Snow.
9. Approval -- Assignment of Lease and Security Assignment of Lease / Lot
3, Block 2, General Aviation Apron -- Kenai Air Alaska, Inc. and Cra.ig R.
Lofstedt to Schilling Rentals, LLC.
~
A 10. Discussion -- Kenai Boating Facility Exit Road.
ITEM J: COMMISSION/C~MMITTEE REPORTS
1. Council on Aging
2, Airport Commission
3. Harbor Commission
4, Library Commission
5. Parks 8~ Recreation Commission
6. Planning & Zoning Commission
?. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM K: REPORT OF THE MAYOR
ITEM L: ADMAIIISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M: DISCUSSIOH
1. Citizzens (five minutes~
2. Council
EXECUTIVE SESSION - None Scheduled
ITEM N: ADJOURNMENT
!
KENAI PENINSULA BOROUGH PLAT COMMITTEE
CONFERENCE ROOMS A & B
' ~ ~~~~
~ ~.~
~ ~~~~~~~~
~ '
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEYSTREET
~~~~
~ ~ ~ ~s~
l y 1 ~ a~ +,~ J
~.. .
, SOLDOTNA ALASKA
~
' ~
~~~
~~t#~~~
~
P~ ~ 5:30 p.m. June 14, 2004
~~1
~
~~a~°~ ~:s~ ~~ C~~~
~~~~ ~ h ~~p ~
~~
Tentative A enda
g
,~~~~
~~~
ME ERS:
A.
CALL TO ORDER
Dr. Rick Faster
Homer City
Term Expires 2004 B. ROLL CALL
~im ~sham C.
Sterling APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
Term Expires 2006
Blair Martin ~ . Agenda
Kalifornsky Beach
Term Expires 2006 2. Member/Alternate Excused Absences
,
Mark Massion
Seldovia City a. No excused absences requested.
Term Expires 2006
~ 3. Minutes
ALTERNATES:
Bill Hutchinson a. May 24, 2004 ~ ~
Ridgeway .
TermExpires2004 D. SUBDIVISION PLAT PUBLIC HEARINGS
Brent Johnson
Kasilof/Clam Gulch ~. Stecella Subdivision
Term Expires 2006 KPB 2004-137
Integrity/Richard
Location: City of Kenai
2. Highlander Hills Fraser Replat
KPB 2004-145
IntegritylFraser
Location: East of Tustumena Lake Road
3. ~ Birch Hollow Subdivision No 13
Revised Preliminary
KPB 2002-126
IntegritylPoppin
Location: South of Sterling Hwy, West of Longmere Lake
4. Parsons Lake Shores Kamichia Addition
KPB 2004-157
Integrity/Darby
Location: On Parsons Lake off Holt Lamplight Rd.
1
~..
R
~
5.
6.
7.
8.
9.
10.
11.
12.
13.
Clam Gulch Subdivision BakerAddition
KPB 2004-139
JohnsonlBaker
Location: East of Sterling Hwy in Clam Gulch
Encelewski Tracts
KPB 2004-148
Johnson/Encelewski
Location: East of Sterling Highway in Ninilchik
Epps Homestead Tracts Heintz Addition
KPB 2004-149
Johnson/ Heintz
Location: Off Robinson Loop Road
Roberts Subdivision Part Five
KP B 2004-150
JohnsonlHoback/Alsworth
Location: North of Funny River Road in Sterling
Kenai River Trail Right of Way Map
KPB 2004-141
State of AlaskalDOT
Location: City of Soldotna
Granross Hills No 4 ~
Final Plat
KPB 2004-042
ImhofflTrimble ~
Location: Anchor point area
Anchor Point APC
Newell Park East No 2
KPB 2004-144
Imhoff/Belcastro
Location: North of East End Road in Homer
K-Bay APC
Skyline Estates
KPB 2004-146
I mhoff/Arno, Stafford, Beachy
Location: City of Homer
Pitfall Subdivision
KPB 2004-147
Imhoff/Jones
Location: West on North Fork Road in Anchor Point
Anchor Point APC
2
r; }
~
~~
,'~
14. Gaede Eighty Subdivision Addition No Six
KPB 2004-153 ~
Whitford/Page
Location: West of K-Beach Road off Gaswell Road
15. Serenity Subdivision
KPB 2~04-154
Whififord/Goodwin
Location: West of Holt-Lamplight Road in Nikiski
16. Chaprnan-Jeppesen Tracts 2004 Replat
KPB 2004-155
Borderline/Kyllonen
Location: West of Sterling Hwy in Anchor Point
Anchor Point APC
17. Michael J Pelch Homestead JR Addition
KPB 2004-158
Swan/Pelch
Location: City of Kenai
E. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
F. PUBLIC COMMENT
G. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held June 28, 2004 in
the Assembly Chambers, Borough Administration Building,144 North Binkley Street,
Soldotna, Alaska at 5:30 p.m. .
PLANNING DEPARTMENT
Phone: 907-714-22.00
v Phone: toll free within the Borough 1-800-478-4441, extension 2200
- Fax: 907-262-8618
e-mail address: planninq(~borouqh.kenai.ak.us
web site: www.borauqh.kenai.ak.uslplannin~dept
3
~
~
KENAI PENINSULA BOROUGH PLANNING COMMISSION
CONFERENCE ROOMS A & B
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
J u ne 14, 2004 7: 30 P. M.
Tentative Agenda
Philip Bryson
Chairman
Kenai City
Term Expires 2004
Tom Clark
Vice Chairman
Anchor
Point/Ninilchik
Term Expires 2004
Dick Troeger
Parliamentarian
Soldotna City
Term Expires 2005
Dr. Rick Foster
PC Member
Homer City
Term Expires 2004
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2005
Lynn Hohl
PC Member
Seward City
Term Expires 2005
William Hutchinson
PC Member
Ridgeway
Term Expires 2004
James Isham
PC Member
Sterling
Term Expires 2006
Brent Johnson
PC Member
Kasilof/Clam Gulch
Term Expires 2006
Blair Martin
PC Member
Kalifornsky Beach
Term Expires 2006
Mark Massion
PC Member
City of Seldovia
Term Expires 2006
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENTAND REGULARAGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered
routine and noncontroversial by the Planning Commission and will be approved by one motion. There will
be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
case the item will be removed from the consent agenda and considered in its normaf sequence on the
regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
wish to comment.
*1. Time Extension Requests
a. Dutch Landing
KPB File 1996-080 [McLanelHolland] ~
Location: Sterling
b. Micf~ael and Zoya's Subdivision
KPB File 1996-114 [Segesser Surveys]
Location: North of Oilwell Road, east of Ninilchik River
*2. Plats Granted Administrative Approval
*3. Plats Granted Final Approval (2Q.04.070)
*4. Plat Amendment Request
~ a. Kenai Townsite ACS Replat
Plat 2004-06 Kenai Recording District
KPB File 2003-174; IntegritylACS
Location: City of Kenai
*5. Coastal Management Program
a. Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
1
~
~
Todd Petersen
PC Member
East Peninsula
Term Expires 2004
Ray Tauriainen
PC Member
Northwest Borough
Term Expires 2005
Max J. Best
Planning Director
Dale Bagley
Borough Mayor
*6. Commissioner Excused Absences
a. No excused absences requested.
*7. Minutes
a. May 24, 2004 Plat Committee Minutes
b. May 24, 2004 Planning Commission Minutes
D. PUBLIC COMMENTIPRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made,)
1. Matt Hastie, Cogans Owen Cogans, Update on the Revised
Comprehensive Plan
E. UNFINISHED BUSINESS - None
F. PUBLIC HEARINGS
1. Permit Application for a Sand, Gravel or Material Site; Ninilchik; Cook
Inlet Region Inc.lAlaska Native Resource Consultants, Inc.; T02S
R14W S35, Seward Meridian, SW114, KPB 15910004; 640 acres;
Applicant: CIRI; KPBPC Resolution 2004-31
2. Permit Application for a Sand, Gravel or Material Site; Ninilchik; Cook
Inlet Region Inc.lAlaska Native Resource Consultants, Inc.; T02S
R14W S35, Seward Meridian, SE114, KPB 15910011; 520 acres;
Applicant: CIRI; KPBPC Resolution 2004-32
3. Permit Application for a Sand, Gravel or Material Site; Kenai/KNWR;
Kenai Natives Association, Inc./McLane Consulting; T06N R11W S11
& 12, Seward Meridian, KPB 01709001; Parcel:1113 acres; Portion
to be Gravel Pit: approx. 8 acres E1/2 of SW1/4 & W1/2 of SE1/4 S12;
Applicant: Kenai Natives Association; KPBPC Resolution 2004-33
4. Vacate a portion of Tanadak Street as dedicated by Tote View
Subdivision (Plat KN 2001-5) and Stubblefield Subdivision Addition
No 3(Plat KN 77-48); within Section 21, Township 4 North, Range 11
West, Seward Meridian, Alaska; and within the Kenai Peninsula .
Borough; KPB File 2004-124; Petitioners: Steve and Judy Phipps of
Soldotna, Alaska; Location: South of Soldotna off Rex's Road
5. Vacate a portion of Starr Road, Palmer Street and associated utility
easements as dedicated by Palmer Pines Subdivision Addition No. 03
(Plat HM 2001-21 }; within Section 3, Township 6 South, Range 13
West, Seward Meridian, Alaska; and within the Kenai Peninsula
Borough; KPB File 2004-006; Petitioners: Kevin Murphy and
Suzanne Peschier of Homer, Alaska; Location: North of Skyline Drive
in Homer
6. Vacate rights-of-way and utility easements dedicated by Kalifornsky
Beach Industrial Park and Kalifornsky Beach Industrial Park Addition
2
No 01(Plat 73-23): Portion of Second Street and utility easements
associated within Blocks 7& 8. (Plat 74-35}; Portions of Second
Street, B Avenue, C Avenue, D Avenue and all of Fourth Street, Fifth
Street, Sixth Street, F Avenue, H Avenue and associated utility
easements within Blocks 9 thru 36; Section 29, Township 5 North,
Range 11 West, Seward Meridian, Alaska; and within the Kenai
Peninsula Borough; KPB File 2004-128; Petitioner; David Yragui of
Kenai, Alaska; Location; East of Kalifornsky Beach Road
7. Vacate a portion of Byrd Drive and associated utility easements,
dedicated by Pilot's Bend Subdivision Part Four (Plat KN 98-50); and
vacate a portion of Birdie Circle and Estelle Avenue and all associated
utility easements dedicated by Bird Homestead Subdivision ~Plat KN
2002-33); within Section 27 & 28, Township 5 North, Range 9 West,
Seward Meridian, Alaska; and within the Kenai Peninsula Borough;
KPB File 2004-140;YPetitioners: Elmer and Patsy Bird of Soldotna,
Alaska; Location: Funny River Road area
8. Ordinance 2404-18: Authorizing the Lease of Government Lot 1,
ASLS No, 2002-46, According to Plat No. 2003-6 Seward Recording
District at Other than Fair Market Value to the HopelSunrise Volunteer
Fire Department
9. Ordinance 2004-20: Extending the Deadline in Ordinance 2001-16
Regarding Certain Grazing Leases
10. A Resolution Authorizing the Continued Rental of Office Space in
Homer for a~Branch Borough Office ~
G. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
H. SPECIAL CONSIDERATIONS
1. Plat Waiver Applications
a. Tract BI Tutsilitnu Subdivision; KPB File 2004-138; KPBPC
Resolution 2004-26; Location: Hope; Applicant: Frank
~~ Gwartney ~
b. Tract B2 Tutsilitnu Subdivision; KPB File 2004-151; KPBPC
Resolution 2004-21; Location: Hope; Applicant: Steven Bergt
and Mary E. Pieper; Owner requested withdrawal from the
agenda.
c. Lot 2C Hope Lake Letzring Addn.; KPB File 2004-159; KPBPC
Resolution 2004-28; Location: south of Soldotna, off Tote
Road; Applicants: Matt and Mary Letzring
d. Tract B Forstner Subdivision; KPB File 2004-160; KPBPC
Resolution 2004-29; Location: Sterling; Applicant David L.
White
~
'~
2. Building Setback Exception; Mackey Lakes Subdivision ZiehlerAddn.;
Lot 3A, Block 4; KPB File 2004-161; KPBPC Resolution 2004-30;
Petitioner: Nancy J. Ziehler
I. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 17 plats.
J. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
1. A Conditional Use Permit Pursuant to KPB 21.18 forthe placement of
two 3" metal posts to support a 22" x 44" sign and placement of
similar double posts to support a bulletin board. This project is
located within a Restricted Use Easement adjacent to the Small Boat
Harbor located along the right bank of the Kenai River at River Mile
44.4 adjacent to Stephenkie Subdivision Number 2, Lot 9A1, Block 2,
Section 36, T. 5 N., R. 8 W., S.M., AK; KPB Parcel I.D.: 065-530-26;
Petitioner: R. Carter, Boise, ID; KPBPC Resolution 2004-34
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS - None
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
0. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. AML Touchstone May 2004
2. Seward Planning Commission May 6, 2004 Minutes .
3. Kenai Planning & Zoning Commission May 12, 2004 Minutes
4. Homer Advisory P~anning Commission May 19, 2004 Minutes
5. Anchor Point Advisory Planning Commission Letter Regarding Sterling
Highway Scenic Byway
6. Kenai Peninsula Borough Planning Commission Resolution SN 2004-09, as
approved on May 10, 2004
JOINT WORK SESSION W1TH THE ASSEMBLY
A joint work session to review the revised Comprehensive Plan with the Assembly is
scheduled for 1:15 p.m. on June 15, 2004 in the Assembly Chambers.
4
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held June 28,
2004 in the Assembly Chambers, Borough Administration Building,144 North
Binkley, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisor Commission Meetin Location Date Time
Cooper Landin Communit Hall June 9 7:30 p.m,
Anchor Point Visitor Information Center June 15 7:00 .m.
The Kachemak Bay Advisory Planning Commission has adjourned for the summer.
The next regularly scheduled meeting is October 7, 2004.
NOTE: Advisory planning commission meetings are subject to change. Please verify
the meeting date, location, and time with the advisory planning commission
chairperson. Chairperson contact information is on each advisory planning
commission website, which is linked to the P(anning Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: pianninq(~borough.kenai.ak.us
web site: www.borough.kenai.ak.uslplanninqdept
5
COMMISSION CHAIR REPORT
June 23, 2004
REGULAR COMMISSION MEETING
REQUESTED
CHANGES TO THE AGENDA BY:
ADD: ?c Amendment to KMC 14.20.245 - Recreational Staff
Vehicles - Discussion - Schedule Public Hearing
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T0: Planning &Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: June 23, 2004
SUBJECT: Amendment to KMC 14.20.245 Recreational Vehicles
Administration has discovered a possible loophole in the City's code relating to the long-term
use of recreational vehicles. The code states the following:
14.20.245 Recreational vehicles.
(a) Recreational vehicle parks may be allowed by conditional use permit as provided by
the Land Use Table. Prior to issuance of a recreational vehicle park conditional use
permit, the parks shall meet the following conditions:
(1) Adequate utilities for proj ected or actual use shall be available.
(2) The proj ected or actual use shall not threaten the health and safety of adj oining
landowners or recreational vehicle users in the park.
(3) Any and all specific conditions required to comply with subsections (a)(1) and
(2) as determined by the Planning and Zoning Commission shall be met by the
applicant.
(b) Maintenance of Parks. Recreational vehicle parks are not to become a nuisance to
surrounding properties. Recreational vehicle parks shall control dust, shield lighting
from other properties, prohibit loud noises and maintain a clean and orderly
appearance free from refuse.
(c) Revocation of Permit. The conditional use permit may be revoked by the
Commission if the conditions set forth in subsections (a) and (b) above are not
maintained.
(d)
(3
(e) Exceptions to Prohibited Uses.
(1) Subsection (d) above shall in no way be construed as to prevent the historical use
of recreational vehicles by workers employed in the cannery business if the
recreational vehicles are on cannery property, are used only during the cannery
season, and adequate utilities are available and their use will not threaten the
health and safety of adjoining land owners or others.
(2) Recreational vehicles may be set up as living or sleeping quarters in mobile
home parks under the provisions of KMC 14.20.240.
(3) For purposes of promoting tourism or industry, the City Manager may from time
to time temporarily designate portions of City property for the parking of
recreational vehicles. Vehicles parked upon City property so designated are
exempt from the general requirements of this Code section.
(4) Recreational vehicles may be set up as living or sleeping quarters by permit in
conjunction with an active building permit under the following conditions:
(A) During the period of April 1 until October 31.
(B) On bona fide construction sites.
(C) One (1) recreational vehicle per construction site.
(D) Permits are for a maximum of one hundred eighty (180) days.
(5) From May 1 to September 1, a maximum of two (2) recreational vehicles per lot
may be occupied or utilized as living quarters or sleeping accommodations in the
Recreation Zone without the need fro a conditional use permit, provided the
requirements of KMC 14.20.245(a)(1), (a)(2) and 14.20.245(b) are met.
Section (d) (3) limits long-term use to a maximum of 30 days and defines long-term use. There
have been individuals who have used this section of the code to extend the use over the 30-day
limit by moving the vehicle. Administration believes the original intent of this section of the
code was to provide for temporary summer use in conjunction with the residential use of the
property. There is a concern now that lots may be developed specifically for recreational
vehicles without construction of the principle structure.
Administration is proposing an amendment to eliminate the possible use of residential lots for
recreational vehicle camping. The proposed amendment is as follows:
(d) (4) While such vehicle is parked on private property with no principal permitted
structure located on said property except as allowed in KMC 14.20.245(e)(4).
Does the Commission want to schedule a public hearing to recommend such an amend
KMC 14.20.245?
(1) VUhile such vehicle is parked on any street, road, alley, or right-of way.
(2) VUhile such vehicle is parked on City property not designated as a recreational
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