HomeMy WebLinkAbout2004-05-26 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
May 26, 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 12, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
7. NEW BUSINESS:
a. A lease application for Lots 5& 6, Block 1 FBO Subdivision, submitted by Bellair, Inc. -
Discussion and Recommendation.
8. PENDING ITEMS:
a. Amendment of KMC 14.20.320 - Modular Homes
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFO~TION ITEMS:
a. Memo from staff to K, Howard-Lease Application Division of Forestry
b. Memo from staff to K, Howard-Lease Application David Schilling d/b/a/ Schilling Rentals and letter
from Alaska Court System to City Manager regarding expansion of Kenai Courthouse.
c. Memo from staff to K. Howard-Lease Application Mike Spisak d/b/a Bellair, Inc. and copy of R,
Cronkhite, Airport Manager's Monthly report.
d. Memo from staff to City Manager-Commissions recommendation of plat note removal for Lots 7, 8, 9
& 10, Block 4 Strawberry Hill Estates. ,
Agenda
May 26, 2004
e. Information on Lawton Acres Re-plat and Rezone.
13. COMMISSION COMMENTS & QUESTIONS:
Page 2
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
May 12, 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. *April 28, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ04-19 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending Council adopt The Kenai Peninsula Borough All Hazard Mitigation
Plan.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Removal of plat note restriction for Lots 7, 8, 9, & 10, Block 4, Strawberry Hill Estates -
Discussion and Recommendation.
b. A lease application for Lot 4, FBO Subdivision No. 7 submitted by Division of Forestry -
.
Discussion and Recommendation,
c. A lease application for Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park submitted by
David Schilling d/ bl a Schilling Rentals - Discussion and Recommendation.
d. A lease application for Tract A, General Aviation Apron No 2. submitted by Bellair, Inc. -
Discussion and Recommendation.
8. PENDING ITEMS:
a. Amendment of KMC 14.20.320 - Modular Homes
9. CODE ENFORCEMENT:
a. 2004 Pending Violations - 5/4/04
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (4/25/04)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MAY 12, 2004 - ?:00 P.M.
CHAIR CARL GLICK, PRESIDING
M~Ni1TE.S
ITEM 1: CALL TD ORDER
Chairman Glick called the meeting to order at 7:05 p.m.
1-a. Roll Call
Members Present: C. Glick, P. Bryson, J. Hammelman, J. Barrett and Nelson Amen
(arrived at 7:08)
Members Absent: B. Eldridge
Others Present: Councilman Rick Ross, Fire Chief Scott Walden, Department
Assistant Nancy Carver, and Contract Secretary B. Roper
1-b. Agenda Approval
Chairman Glick requested the following items be added to the agenda:
ADD AS: 12-b, Kenai River Center application from Pacific Star Seafood for
Bulkhead Replacement and Storage/Staging/Access Road Development
Proposal.
MOTION:
Commissioner Bryson MOVED to approve the agenda acknowledging the lay downs
provided before the meeting and requested UNANIMOUS CONSENT. Commissioner
Hammelman SECONDED the motion. There were no objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Hammelman MOVED to approve the consent agenda. Commissioner
Barrett SECONDED the motion. Commissioner Bryson requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- Apri128, 2004
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS -- None.
ITEM 5: PUBLIC HEARINGS
5-a. PZ04-19 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending Council adopt The Kenai Peninsula
Borough Atl Hazard Mitigation Plan.
MOTION:
Commissioner Bryson MOVED to approve PZ04-19 and Commissioner Barrett
SECONDED the motion.
Staff had nothing additional. Chairman Glick opened the public hearing.
Scott Walden, City of Kenai, Fire Chief -- Chief Walden explained the City of Kenai's
Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan was presented to
the Borough and it came back vcrith minor changes. Chief Walden expla.ined the minor
changes and pointed out they were basically clarification items.
VOTE:
Glick Yes B son Yes Barrett Yes
Hammelman Yes Eldrid e Absent Amen Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS -- None.
ITEM 7:
NEW BUSINESS
7-a. Discussion/Recommendation -- Removal of plat note restriction for
Lots 7, 8, 9, & 10, Block 4, Strawberry Hill Estates.
MOTION:
Commissioner Bryson MOVED to recommend the City Council concur with the Kenai
Peninsula Borough and allow the removal of the plat note. Commissioner
Hammelman SECONDED the motion.
Staff had nothing additional. Bryson explained the purpose of the removal and noted
the Borough's Planning Commission concurred. Commissioner Amen asked if the
removal would restrict future widening of the road and Bryson replied it would not.
VOTE:
PLANNING & ZONING COMMISSION MEETING
MAY 12, 2004
PAGE 2
Glick Yes B son Yes Barrett Yes
Hammelman Yes Eldrid e Absent Amen Yes
MOTION PASSED UNANIMOUSLY,
7-b. Discussion/Recommendation -- A lease application for Lot 4, FBO
Subdivision No. 7 submitted by Division of Forestry.
MOTION:
Commissioner Bryson MOVED for approval of the lease application noting the
intended use is in compliance with the Airport Master Plan and the City's zoning
ordinance. Commissioner Amen SECONDED the motion.
Department Assistant Carver noted the lease application was previously approved by
the Commission but due to the State's failure to return the agreement in a timely
fashion, the application had to be resubmitted. It was noted there were a few changes
that were outlined in the email from Dennis Ricker. Glick noted the trailer on site
would be removed when the structure is built. Amen asked if the previous application
was approved with the two-year or 18-year term and Carver replied she thought it was
18 years. It was also confirmed the FAA approved the length of the term.
VOTE:
Glick Yes B son Yes Barrett Yes
Hammelman Yes Eldrid e Absent Amen Yes
MOTION PASSED UNANIMOUSLY.
7-c. Discussion/Recommendation -- A lease application for Lots 13 & 14,
Block 1, Cook Inlet Industrial Air Park submitted by David Schilling
d/b/a Schilling Rentals.
MOTION:
Commissioner Bryson MOVED to recommend approval of the lease application and
noted it conforms to the City's zoning requirements. Commissioner Hammelman
SECONDED the motion.
Staff had nothing additional. The Airport Manager had nothing to add.
Bryson stated the applicant may have to deal with the issue of the line running across
the units and added his options would be to remove the lot lines or build a firewall. It
PLANNING 8~ ZONING COMMISSION MEETING
MAY 12, 2004
PAGE 3
was noted, if the lot line were removed the issue would come back to the Commission
as a plat. Carver stated the applicant would most likely come back with a plat, as
they do not want to build a frewall. Amen asked about security requirements since it
was close to the courthouse and Carver stated there were no security requirements
that she was aware of and noted the Commission was required to vote on whether or
not the application was in compliance with the zoning code and Comprehensive Plan.
Carver added, the courthouse plans to expand within the next five years and no
determination had been made which direction the expansion would go. Bryson stated
the land had never been encumbered and if the City Council feels there are better uses
for the property, they can direct it that way.
Amen requested the security concerns be noted in the minutes and that he felt they
should be addressed before the City gives final approval.
VOTE:
Glick Yes B son Yes Barrett Yes
Hammelman Yes Eldrid e Absent Amen Yes
MOTION PASSED UNANIMOUSLY.
7-d. Discussion/Recommendation -- A lease application for Tract A, General
Aviation Apron No 2. submitted by Bellair, Inc.
MOTION:
Commissioner Hammelman MOVED to recommend the lease application be approved
and Commissioner Amen SECONDED the motion.
Carver noted again the Commission is voting on whether or not the application meets
zoning and Comprehensive Plan requirements. Carver added, Mr. Kramer called and
reported Mr. Spisak had applied for commuter service between Kenai and Anchorage,
to begin service the first week in June and would be called Kenai Express. Carver
continued, Spisak has counter space in Anchorage and is planning to obtain space in
Kenai as well. Carver also noted Spisak has a crew standing by awaiting approval by
City Council.
Rebecca Cronkhite, City of Kenai Airport Manager, Kenai, Alaska -- Ms.
Cronkhite provided handouts to include an Executive Summary of the Airport Master
Plan, the Airport Master Plan, maps and diagrams. Cronkhite reported and noted the
following:
• The Airport Commission discussed whether or not the application
complied with the Airport Master Plan and the issue failed on a tie vote.
• The airport layout plan, developed in accordance with FAA regulations,
PLANNING 8~ ZONING COMMISSION MEETING
MAY 12, 2004
PAGE 4
indicates what properties are designated for future planning and for what they are
currently being used.
• Indicated property in question (Tract A) and explained the Airport Layout
Plan was not current and not incorporated into the land office at City Hall, i.e. when a
prospective lessee comes into City Hall they are given only the plat and not the layout
plan.
• Spisak, was given a copy of the Executive Summary that indicates the
large portion of the lot near the taxiway is designated for future itinerant apron.
Cronkhite expla.ined, this is a large piece of property that was never subdivided (but
noted for future lease lots on the layout plan) because there had been no applications
for lease to date.
• She noted Spisak's lease application indicates a hangar 80-feet wide and
a 160-foot wide a.ircraft tie-down area; the Master Plan indicates how airports are
regulated as far as where the buildings can be; explained the BRL (Building
Restriction Line) lines and noted it is directly in the center of the lot and all buildings
would need to be behind the line to provide clearance for aircraft imaginary spaces on
the airport; and, with consideration or approval from the FAA, the BRL may be
readjusted but the current airport layout plan and the proposed building is
significantly in front of the BRL.
• Noted Spisak proposes to take the area of the hangar and the entire
5.32-acre tract behind it, which would lock the back of the lot off for potential aircraft
access development; apron areas in the Airport Master Plan indicate where taxiways
may be placed and provide access; and, in this lease application, the entire property is
provided to one person for a small hangar and would tie up the last bit of large, usable
property near the terminal.
• She was not sure what an Airport Planner or FAA's view might be on not
allowing development other than what is designated as an a.ircraft apron, but the
planning process usually goes through several steps if one wants to change the Master
Plan.
• The layout as it is currently has been such for approximately 20 years to
allow separation and future expansion.
• Pointed out the areas already leased on the map and said the only place
the terminal has to expand is in the direction of the large ~tract Spisak is interested in.
• It is the responsibility of the airport to plan out for 20 to 40 years and
FAA frowns on having to buy back property to allow for future expansion.
• The Airport Master Plan was adopted by reference through the City of
Kenai Comprehensive Plan.
Glick asked if there were any other options to the applicant for space at the airport
and Cronkhite replied there are ava.ilable lease lots on the a.irport and Spisak was
shovcm those lots. She added, Spisak indicated Tract A was his preference and he felt
the area where he wants his hangar is already cleared and that makes it a more
preferable business location.
PLANNING 8~ ZONING COMMISSION MEETING
MAY 12, 2004
PAGE 5
Amen asked why a BRL is notated and Cronkhite explained the area was intended to
be an apron and you can't have a building close to an area where aircraft would park
or turn around due to clearance issues. Amen asked if the term of 55 years was
normal for such a lease and Cronkhite explained the State's lease schedule says the
length of the lease is determined by the amount of investment. Cronkhite added, the
City of Kena.i was granted permission by the FAA to adopt the rural guidelines and she
thought over a~400,000 investment would entitle one to a 55-year lease. She added,
as the investment goes down the term of the lease goes down,
Amen asked if Cronkhite's ma.in concern was the hangar was too close to the BRL and
it would become a future obstruction to the expansion of the existing terminal.
Cronkhite explained, she was mainly concerned the area is not designated in the
Master Plan for lease lot development and designated for the airport to develop a
parking apron. Cronkhite continued, the BRL is a concern and an additional concern
is a drainage issue as well. Cronkhite stated the entire end of the ramp drains into
drainage stxuctures but Spisak indicated he would provide underground drainage,
culverts, drop drains, etc. in that area, to be in compliance with the entire airport
drainage plan.
Amen asked if the existing plans for the airport refers to green strips or leaving
existing foliage in place for sound abatement. Cronkhite stated she reviewed the
Master Plan and did not see that reference. She added, there is an RFP out for an
update to the Master Plan and she felt during that process the properties could be
reviewed and determined if some of them could be reevaluated for lease properties.
Until that process is complete and the Master Plan is changed, this lease application
was not in compliance with the Master Plan and the Plan should not be modified
without careful consideration.
Amen noted the area is quickly running out of buffer zones, green strips, etc., and he
was hesitant to give up the natural surroundings and the beauty of greens as far as
public relations for the City of Kenai.
Glick asked if the other lease lots were large enough to do what the applicant wants
and Cronkhite replied they were and explained Spisak's reasons for wanting Tract A.
Bryson requested a determination of conflict of interest if he spoke as a private party
since his firm had performed work for the airport on this issue. After review, Glick
determined there was no conflict.
Bryson noted the following:
• His first concern was with the existence of a building restriction line and
cutting through the property.
• It is very common for the FAA to allow a relocation of the building
restriction line but it takes time to change.
• There is issue with the area the applicant was shown further to the north
that is 100 feet wide and 400 feet deep; the applicant has the option of leasing one or
PLANNING 8~ ZONING COMMISSION MEETING
MAY 12, 2004
PAGE 6
more lots if they're available in the area.
• All those tracts have a 100-foot building setback on the front of them
behind the front property line that fronts on the apron and explained the purpose of
that is twofold; one is where they cannot locate a building and it also forces them to
not build forward and to park aircraft one would have to utilize the City apron rather
than their own property.
• fihis parcel was never created for release to the public so there are no
restrictions on it and pointed out areas designated for future use and also identified
the current aircraft tie-downs.
• Aircraft tie-downs need to be provided somewhere but that would require
removing the building restriction line which takes time.
• He recommended any lease include the City's easement needs so they are
apparent to the applicant,
• Explained the setback requirements for the taxiways and noted aircraft
cannot be tied down in the restricted area.
• Explained the drainage issues and noted they needed to be addressed as
well.
~ Noted the area proposed for parking would front on the apron and he felt
that would be an inappropriate use.
• Addressed the soil issue and noted it would be quite expensive to have
the soils hauled out, as there is no requirement for burying on site.
VOTE:
Glick No B son No Barrett No
Hammelman No Eldrid e Absent Amen No
MOTION FAILED UANIMOUSLY.
ITEM 8: PENDING ITEMS
8-a. Amendment of KMC 14.20.320 -- Modular Homes -- No discussion.
ITEM 9:
CODE ENFORCEMENT
9-a. 2004 Pending Violations - 5/ 4/ 04
~TEM 10~ REPORTS
10-a. City Council -- Council Member Ross reviewed the May 5th council
meeting agenda and discussed actions taken.
10-b. Borough Planning -- Bryson reviewed the Borough Planning
Commission agenda for the May lOth meeting and discussed actions taken.
PLANNING 8~ ZONING COMMISSION MEETING
MAY 12, 2004
PAGE 7
10-c. Adm~nistration -- No report.
ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12: INFORMATION ITEMS
12-a. Zoning Bulletin (4/ 25/ 04)
ITEM 13: COMMISSION COMMENTS & QUESTIONS
Amen thanked the airport manager for her efforts in explaining the lease application.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Barrett MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:03 p,m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING 8~ ZONING COMMISSION MEETING
MAY 12, 2004
PAGE 8
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T0: Planning & Zoning Commission
FROM: Nancy Carver, Planning Assistant
DATE: May 20, 2004
SUBJECT: Lease Application - Bellair, Inc. - Lots 5& 6 F.B.O. Subdivision
The City of Kenai has received a lease application for the above-referenced
parcel. The Planning Commission must determine if the intended use complies
with the zoning ordinance and the Comprehensive Plan.
This parcel is zoned IL - Light Industrial. The applicant plans to construct a
hangar and an office. Professional offices and airports and related uses are
listed as permitted uses in the land use table.
The City of Kenai Comprehensive Plan uses the Airport Land Use map to
determine use of airport lands. The Airport Land Use map has designated these
lots for aviation related activities.
If the applicant plans to construct the hanger in the centerof the two lots, the lot
line may have to be removed.
Based on this information, it appears the proposed lease complies with the City's
zoning and with the Comprehensive Plan,
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210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
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1992
Date: May 20, 2004
To: Kenai Planning and Zoning Commission
For: May 26~ Meeting
From: Kim Howard, Assistant to the City Manager
RE: Lease Application, Bellair, Inc. Lots 5& 6, Block 1, F.B.O. Sub.
Mike Spisak, on behalf of Bellair, Inc., has submitted a lease application for the above
referenced property. This application was previously submitted on April 30, withdrawn, and a
new application was submitted for Tract A, General Aviation No. 2. At their meeting of May
19th the City Council tabled the lease application for Tract A and encouraged Mr. Spisak to
submit an application for Lots 5& 6.
Lots 5& 6, Block 1, F.B.O. are located on Willow Street and shown on the attached vicinity
map. Bellair, Inc. is proposing a 55-year lease. The purpose is to construct a hangar and office
facility to operate air carrier operations. The estimated construction cost is $600,000.
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$600,000
investment. Prior to leasing, an appraisal must be approved by the Federal Aviation
Administration.
The Airport Commission will have a special meeting on May 26th at 6:00 p.m. (prior to the
Planning and Zoning meeting) to review the application. The Airport Commission's
recommendation will be reported at the Planning and Zoning meeting.
The Planning and Zoning Commission needs to determine if the intended use complies with
the zoning ordinance and Comprehensive Plan of the City. The recommendations of both
commissions will be forwarded to the Kenai City Council for lease application approval.
Cc: Mike Spisak, Bellair Inc.
Rebecca Cronkhite, Airport Manager
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100' Set Back
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80' Wid~ x 6U' Deep
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Airc~aft
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M~~ ~0 0~ 10:39~ HELLAIR, INC. 907~450~76 p.~
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To: k i m H ou~ard
From: Mik~ Spisak
Subject: Lat 5 & 6
Qperations:
P.~. Box b0311
Fairbanks, Alaska 9970G
~
Phane: (907} 457-8359
Fax: (9a7) 45'~-22~9
Business Qffice:
6b0] South Airpaxk Place
~.nchor.a~e, Alaska 9~5U~
~
Phone: (907~ 245-4~71
Fax; (~a7~ 2~5-027(~
Attache~ is the lease application checklist for lots ~& 6. In regards to the drainage p~an we intend to
slope th~ lot toti~~ards Willo~v Street and either stock pile snow on the Nartheasfi ~orner of the lot or have it
~ema~ed if nee~ed. The circulation plan v~i~l ~e en~erin.g and e~isting tb.e lot from uli~low Street. Signs
vv~ill be posted on ~he side of the building. Fencing wilI be in~ta.lled on the U~illow Street side of the lot
attached to the building. No Curbs ~vill be installed. Buildin~ height vv~ill be app~oximatel 3~' to the -
~
peak. An FAA fonn 7460 wil i be submitted to the FAA for approval.
If }rou should ha~e anv additl.~nal quest~ans p~ease cal~ me.
Sincerely
. ..~-''
eS i
~ U~ lU:~Ua HELLRiR, I~G. 907z~50~~6
i' IM T. Cb . L~7~y 7• 47HI'1 l.l I T V~ ~.tl'~h ~ i 7U . dts 1 r. tr t
~I'I'Y ~F KENAI
~~ d ~~, ~-p~~ .~~~TIQI~ C~IF~I~IST
(AIl itezns must be ~omplet~~ before application c~n be accepted.}
Attach a deveYopm~nt plan ~rawn ta scale. ~rawings da nat n~ed ta b~ gr~pare~ ay an
archit~c~ ~r ~~gin~er, Show th~ la~out ~f ~e l4t ari~ ~h~ loc~tian of ~11 propo~sed
impro~ve~en~s, '~ie drawings ~lso n~ed to ~how the f~llowing.
~, EY.~~~ri g ~+L1~1ria
Z. Fro~as~d building~
~, ~arlr~nD f~~ilitit~ ~hnw m~nv cr~c:ec An~ jnc.~lic~n~
4. ~ite impr~~~~n~s
• Axe~ to b~ cl~ared ~d met~od 4f ~isposal
~ prop~s~d. gfavel ar paved arcas
• La~,~scaping plan
~retenti~n of na~urai vegetati~n and~or prapos~~ plars~ng ar~as~
S. ~?~:~di~~ t~t bar~.s
G. nrain~ge plan and methad of snow r~m~va1
~: ~~r~~~~at~n~ rl~n ~a1j ~rifr~r,~.~c! .~,rit~ ~rr~ nn.cit~ Ar,~~~el
8. Loca~v~ ~f ~~gn~s} - ~gn pe~mit ~q~ired
9j ~g~,~in~ -- ~~rmit ren~~~ir~c~ if l~~.i~~t ic ~v~ f'
i~.~u~b cnis t~l~~re apglica~l~)
~ 1, ~uildi;~b !~~;~ht
~ ~. ~AA ~arm 74b4 Notice ~f ~'rop~o~ed Canst~~~i~n
(Fo* cons~u~tion ~#'b~~~in~s on ~irgort 1anc~. This fQrm is to ~e ~u~mi±t~~
~o t~e F~ u~r t~e apFlicant. ~t can ~e dQvv~~oaded fram t~e ~A~ websit~
f~ttp;l/www~~lasle~.f~ v/~in~Qrts. rhe site E~as a m~nu f~r fotln~.
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. 3
CITY OF KENAI
LEASE APPLICATION - CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Kenai Peninsula Borough Parcel No. d~3r~(~p~/ ~~j c~ ~.~~, a.. ~~
Zonin ..~~.
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Permits Required:
• Conditional Use Permit
~~
• Landscape Review ~
• Building Permit ~,,
• Sign Permit
Assessments
, . . ~
Insurance Limits Required -~~ ~ L* ~/ ` ~ ~. ~~
. . ,~.
. , /~~~ ~S~
Construction must begin by ~ r ~
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Completion date for major construction ,=, ~ ' ~ ~~
~ I~I~"'~""! ~ v
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
4
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AGENDA
KEHAI CITY COUNCIL - REGULAR MEETING
MAY 19, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt : www. ci. kenai. ak. u s
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Representative Kelly Wolf -- Officer John Watson Citation
2. Commendation for Valor -- Presentation by Chief Kopp to Kenai Fire
Department Paramedic Engineer John Wichman.
~~~~~ ~~ 3. An ani Salonen and Kari Palm -- '
~ Senators Stevens 8~ Murkowski
~C~~t ~',.G~~ ~~~~ Inte s 'ps/Request fo Support. . ,
~~ /~/ ~ ~~ /~~~
~ ~ ~~~~
ITEM C: REPORTS 0 KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM D: PUBLIC HEARINGS
~ 1. Ordinance No. 2041-2004 -- Finding Certain City-Owned Land,
,
Described as Tract A-5, Dena'ina Point Estates, Consisting of 9.630
Acres, is Not Required for a Public Purpose and Can Be Sold.
2. Ordinance No. 2042-2004 -- Increasing Estimated Revenues and
Appropriations by ~672 in the General ~,ind Library Department for a
State Grant.
3. Ordi~aace No. 2043-2004 -- Increasing Estimated Revenues and
Appropriations by ~30,000 in the Airport Terminal Enterprise ~,ind for
Short Term Parking Lot Renovations.
~ 4. Ordinance No. 2044-2004 -- Amending Title 14 of the Kena.i Zoning
'`" Code by Adopting KMC 14.20.175 for the Regulation of Adult Businesses
A,~P ~
.~i R,
. ~4. ~!:'
w',~.,k'''`~ .,.~ ~ °~._
,,.,'Y= ~s
5. Resolution No. 2004-24 -- Awarding a Contract to for ~.he
Management and Administration of a Summer Flea Market at the Kenai
Multipurpose Facility.
~, 6. Resolution No. 2004-25 -- Awarding a~ 19,800 Contract to Edwin L.
Goggia for Professional Services at Vintage Pointe Manor.
7. Resolution No. 2004-26 -- Transferring ~4,000 in the Recreation
~ Department to Purchase a Used Fickup.
8. *Liquor License Transfer -- From Don Jose's, d/b/a Don Jose's
Restaurant & Cantina to Carter Enterprises, Inc., d/b/a Dona Jose's
Restaurant 8~ Cantina.
9. *Restaurant Designation Permit Application -i Carter Enterprises,
Inc., d/b/a Don Jose's Restaurant 8~ Cantina.
ITEM E: COMMISSION/C~MMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8~ Recreation Commission
6. Planning 8~ Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention 8~ Visitors Bureau Board
c. Alaska Municipal League Report
d. Kenai Chamber of Commerce
e. Arctic Winter Games
f. Stranded Gas Committee
ITEM F:
1.
2.
ITEM G:
ITEM H~
/~~~~~
. Disc ssion --
~ , ~~.
~
Lawton Acres
ITEM I: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding ~2, 500
MINUTES
*Work Session Notes of May 3, 2004
*Regular Meeting of May 5, 2004.
CORRESPONDENCE
OLD BUSINESS
;~~;~~r~ ~~
3. Ordiaance No. 2045-2004 -- Adopting the Annual Budget for the Fiscal
~~%~~ • .
Year Commencing July 1, 2004 and Ending June 30, 2005.
4. *Ordinance No. 2046-2004 -- Increasing Estimated Revenues and
Appropriations by $125,000 in the Congregate Housing Enterprise Ftiind
to Repaint the Building Exterior.
5. *Ordinance No. 204?-2004 -- Increasing Estimated Revenues and
Appropriations by ~5,000 in the Council on Aging - Title III Fund for
Food and a Computer.
~y~'4C~ 6. A roval -- Removal of Plat Note Restriction for Lots ? 8
PP , , 9 and 10,
Block 4, Strawberry Hill Estates, KPB File 2004-097; KPBPC Resolution
No. 2004-16.
~yc~~ 7. Approval -- Lease Application/Division of Forestry -- Lot 4, FBO
Subdivision No. 7.
8. Approval -- Lease Application/David Schilling, d/b/a Schilling Rentals --
Lots 13 8~ 14, Block 1, Cook Inlet Industrial Air Park.
% 9. A roval -- Lease A lication Mike S isak d b a Bellair Inc. -- Tract
PP pp / p ~ / / ,
- A, General Aviation Apron No. 2.
~~~/z~ r~ ~i~ , ~
~ ~, ~, , ~c!~~. ~'~v Go~~ ~ -~ ,
~~ ITE J: ~ REPORT OF THE MAY
OR
ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
~xECUTIVE SESSION -- None scheduled.
ITEM M: ADJOURNMENT
KENAI PENINSULA BOROUGH PLAT COMMITTEE
QUARTER DECK, LAND'S END RESORT
4786 HOMER SPIT ROAD
HOMER, ALASKA 99603
5:30 p. m. May 24, 2004
Tentative Agenda
MEMBERS:
Dr, Rick Foster
Homer City
Terrn Expires 2004
Jim Isham
Sterling
Terrn Expires 2006
Blair Martin
Kalifornsky Beach
Term Expires 2006
Mark Massion
Seldovia City
Term Expires 2006
ALTERNATES;
Bill Hutchinson
Ridgeway
Term Expires 2004
Brent Johnson
Kasilof/Clam Gulch
Term Expires 2006
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OFAGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda -
2. Member/Alternate Excused Absences
a. No excused absences requested.
3. Minutes
a. May 10, 2004
D. SUBDIVISION PLAT PUBLIC HEARINGS
1. Soldotna Airport Lease Lot Subd. No 5
KPB 2004-123
. Integrity/City of Soldotna
Location: City of Soldotna
2. Anchor Point Acres 2004
Revised Preliminary; KPB 2004-088
AbilitylNelsonl0larey
Location: Anchor Point area
Anchor Point APC
3. Corr Homestead Tracts
KPB 2004-126
McLanelCorr
Location: East of K-Beach Road off Poppy Ridge Rd.
4. Kalifornsky Industrial Park Subdivision Ranch Addn.
KPB 2004-127
McLane/Yragui
Location: East of K-Beach off Buoy Street
1
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5. Thompson Park Subdivision Hobbs Addition
KPB 2004-133
McLanelHobbs
Location: City of Kenai
6. Nubbleof Hill Subdivision No. 2
KPB 2004-134
McLane/KeenanlWade
Location: MacDonalds Spit in Seldovia
7. Mahan Subdivision
KPB 2004-129
SegesserlMahan
Location: North of Sterling Hwy off Louise Ave.
8. Lake Hills Subdivision Chirikof D~-ive Right-of-Way Addition
Proposed to be changed from ROW Acquisition to Subdivision
Final Plat; KPB 2003-252
SegesserlHalllSchilling
Location: North Kenai area
9, Lakeview Estates Subdivision Addition No.1
KPB 2004-130
Segesser/KPB/OsbornelKardatzke/Hatton
Location: West of Sterling Hwy South of Soldotna
, ..
t ad Subdivision Part 2
10. Bird Homes e
KPB 2004-131
Segesser/Bird
Location: Funny River Road
11. Fireweed Meadows No .1
Final Plat; KPB 2003-173
Borderline/Mutch-KyllonenlSedlacek
Location: Anchor Point
Anchor Point APC
12. Lind Subdivision -Willis Addition
KPB 2004-132
ImhoffNUillis
Location: East of Old East End Road in Homer
K-Bay APC
~ 3. Marina Subdivision Mindenbergs Replat
KPB 2004-135
ClinelCity Seward/Mindenbergs
Location: City of Seward
E. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
F. PUBLIC COMMENT
~
~
z
G. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting wiil be held June 14, 2~04 in
the Assembly Chambers, Borough Administration Building,144 North Binkley Street,
Soldotna, Alaska at 5:30 p.m.
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: planninq~borough,kenai.ak.us
web site: www.borouqh~kenai.ak.uslplannin..gdept
3
~
~
~
KENAI PENINSULA BOROUGH PLANNING COMMISSION
QUARTER DECK, LAND'S END RESORT
4786 HOMER SPIT RQAD
HOMER, ALASKA 99603
May 24, 2004 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
Philip Bryson
chairman
Kenai City g. ROLL CALL ~
J
Term Expires 2004
C. APPROVAL OF CONSENTAND REGULARAGENDA
Tom Clark All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered
Vice Chairman routine and noncontroversial by the Planning Commission and will be approved by one motion. There will
Anchar be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
Point/Ninilchik case the item will be removed from the consent agenda and considered in its normal sequence on the
Term Expires 2004 regular agenda.
Dick Troeger If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
Parliamentarian please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
Soldotna City wish to commen#.
Term Expires 200~
Dr. Rick Foster *1. Time Extension Requests
PC Member
Homer City a. Fields Subdivision
Term Expires 2004 KPB File 2003-057; EasthamlFields
Mari Anne Gross Location: South of Scout Lake Loop Road
''C Member
~uthwest Borough b. Loren Lake Subdivision Part Three
. erm Expires 2005 KPB File 2003-070; TinkerlCastenholz
Lynn Hohl LOCat1011: City of Soldotna
PC Member
Seward City *2. Plats Granted Administrative Approval
Term Expires 2005
William Hutchinson *3. Plats Granted Final Approval (20.04,070) - None
PC Member
Ridgeway *4. Plat Amendment Request
Term Expires 2004
James Isham a. General Aviation Apron No .1 Kenai ~^
PC Member BrysonlCity of Kenai; KN 73-68
Sterling
Term Expires 2006 *5. Coastal Management Program
Brent Johnson
PC Member a. Conclusive Consistency Determinations Received from DGC
KasiloflClam Gulch
Term Expires 2006 b. Administrative Determinations ~
~lair Martin ~
PC Member C. Current Reviews
Kalifornsky Beach ,
Term Expires 2006 *6, Commissioner Excused Absences
Mark Massion
PC Member a. No excused absences requested.
City of Seldovia
Term Expires 2006 *7, Minutes
a. May 10, 2004 Plat Committee Minutes
b. May 10, 2004 Planning Commission Minutes
~
Todd Petersen D. PUBLIC COMMENTIPRESENTATIONSICOMMISSI~NERS
PC Member (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
East Peninsula arrangements are made.)
Term Expires 2004
1. Kachemak Bay Research Reserve, Wetland Function Tool
Ray Tauriainen
PC Member
Northwest Borough
E. UNFINISHED BUSINESS - None
Term Expires 2005
F. PUBLIC HEARINGS
1. Vacate a 33-foot section line easement along the southern boundary of Lot 7,
8 and 9 Block 2 Anglers Crest Subdivision (Plat HM 95-25); Section 9,
Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the
Kenai Peninsula Borough; KPB File 2004-113; Petitioner(s): Gary Jackinsky,
Brenda Jackinsky, William D& Lynda C Kvasnikoff of Ninilchik, AK; Location:
Max J. Best East of Sterling Hwy in Ninilchik
Planning Director
Dale Bagley 2. Vacat~ a 33-foot right-of-way lying east & west of Kachemak Drive, Gov't Lot
Borough Mayor 31 and associated utility easements as set in patent number 1173705; within
Section 14, Township 6 South, Range 13 West, Seward Meridian, Alaska;
The City of Homer and within the Kenai Peninsula Borough; KPB File 2004-
125; Petitioner(s): Willis and Edna A Kahn of Homer, Alaska; Location: Off
Kachemak Drive in Homer
3. Ordinance 2004-15; Authorizing Retention or Sale of Certain Real Property
Obtained by the Kenai Peninsula Borough Through Tax Foreclosure
Proceedings
4. Public notice is hereby given that a public hearing will be held to rename
existing streets to facilitate the Enhanced 911 Street Naming and Addressing
, projectwithin the Kenai Peninsula Borough. Streets under consideration at
this meeting are described as follows: .
a. RAINBOW CIR within Cundiff S/D, Sec 9, T6S, R14W, SM, AK. ESN
202. Located off Sterling HWY south of Anchor Point at approx mi
167. The new name will be a CIR.
b. RAINBOW CIR within Greenfield Acres SID, Sec 32, T5S, R13W,
SM, AK. ESN 202. Located off Skyline DR and Crossman Ridge RD
northeast of Homer. The new name will be a CIR.
~ c. BEAVER AVE (west portion) within Alpine Estates SID, Sec 9, T5S,
R12W, SM, AK. ESN 202. Located off East End RD and Hutler RD
northeast of Homer. The new name will be an AVE.
d. BEAVER AVE (east portion} within Lorene's Lament S1D, Sec 10,.
TSS, R12W, SM, AK. ESN 202. Located off East End RD and Hutler
~ RD northeast of Homer. The new name will be an AVE.
e. BEAVER RD within Dana Newman SID, Sec 2, T6S, R13W, SM, AK.
ESN 202. Located off East End RD and Mclay RD north of
Kachemak City. The new name will be a CT.
~ f. BEAVER LN within Wonderland S1D, Sec 18, T4S, R14W, SM, AK.
ESN 401. Located 2 miles east of the Sterling HVUY (approx mi 153}
north of Anchor Point. The new name will be an AVE.
g. BEAVER DAM ST within Beaver Flats S/D, Sec 24, TSS, R13W, SM,
AK. ESN 202. Located north of Skyline DR and Ohison Mtn RD
northeast of Homer. The new name will be a ST.
h. BONNIE ST within Coyote Hill SID, Sec 28 & 29, T5S, R12W, SM,
AK. ESN 202. Located off East End RD and Fritz Creek Valley DR
in Fritz Creek, The new name will be a LN.
i. WEST B~NNIE ST within Arctic Moon SID, Sec 28, T5S, R12W,
SM, AK. ESN 202. Located west off East End RD in Fritz Creek
area. The new name will be a CT. (BONNIE AVE east off East End
RD in Fritz Creek area (ESN 202) not considered).
j. CLARK RD within Fritz Creek Acres SID, Clark Too SID, Sec 28 &
29, T5S, R12W, SM, AK. ESN 202. Located off East End RD and
Fritz Creek Valley DR in Fritz Creek. The new name will be a CIR.
k. CLARK ST within Pauline Hansen Estates SID, Hansen-Clark Tr A
S1D, Sec 9,16 ~ 17, T2S, R13W, SM, AK: ESN 451. Located off Oil
Well RD approx 4 mi east of Ninilchik. The new name will be a ST.
GREER RD (segment along section line north of substation) within
Bear Run S1D, Sec 22, TSS, R12W, SM, AK. ESN 202. Located off
East End RD and Greer RD in Fritz Creek. The new name will be a
ST.
m. GREER RD (south-most dedicated segment) within Stonestep East
S/D, Sec 34, T5S, R12W, SM, AK. ESN 202. Located approx 1.5
miles south of East End RD in Fritz Creek. The new name will be a
ST. All the rest of GREER RD ~ESN 202) not considered.)
n. PARK RD within Homestead Heights S/D, Sec 7, T5S, R~ 1W, SM,
AK. ESN 202. Located off East End RD and Hubbard LN approx 14
miles east of Homer. The new name will be a CIR.
o. LODKOUT DR within South Caribou Lake SID, Sec 36, T3S, R11W,
SM, AK. ESN 202. Located past the end of East End RD near
Caribou Lake. The new name will be a DR. LOOKOUT DR off Green
Timbers RD and W Thomas RD, approx mi 168 Sterling HWY, west
of Homer (ESN 202) not considered.
p. PORTLOCK WAY (east-west portion) within Deitz Homes Estates
SID, Kachemak Estates S/D, Sec 1, T6S, R13W, SM, AK. ESN 202
& 203. Located off China Poot ST in and just north of Kachemak
City Limits. The new name will be an AVE.
q. PORTLOCK WAY (north-south portion) within Deitz Homes Estates
S/D, Kachemak Estates S/D, Sec 1, T6S, R13W, SM, AK. ESN 202
& 203. Located off China Poot ST in and just north of Kachemak
City Limits. The new name will be an ST. PORTLOCK DR off East
End RD east of Kachemak City (ESN 202) not considered,
r. DAVE within Hidden Hills S/D, Sec 14 & 15, T5S, R14W, SM, AK,
ESN 401. Located approx 4 miles from south end of North Fork RD
off North Fork RD south of Anchor Point. Proposed to be named
RING OF FIRE AVE.
s. BIRCH HAVEN CT within Rivendale Estates S/D, Sec 30, T4S,
R14UV, SM, AK. ESN 401. Located off North Fork RD, Cottonwood
LN, Sameway RD in Anchor Point. The new name will be a CT.
t. BIRCH HAVEN RD (segment south of North Fork of Anchor River)
within Rivendale Estates S/D, Sec 31, T4S, R14W, SM, AK. ESN
401. Located off North Fork RD in Anchor Point. The new name will
be a ST. BIRCH HAVEN RD - segment north of North Fork of
Anchor River. Located off North Fork RD, Cottonwood LN, Sameway
RD in Anchor Point{ESN 401) not considered.
u. FOSTER AVE (west segment) within Foster S/D, Sec 31, T4S,
R14W, SM, AK. ESN 401. Located off North Fork RD, west of
Cottonwood LN in Anchor Point. The new name will be an AVE.
v. FOSTER AVE (east segment) within Rivendale Estates SID, Sec 30,
T4S, R14W, SM, AK. ESN 401. Located off North Fork RD, east of
Cottonwood LN in Anchor Point. The new name will be an AVE.
w. HAPPY AVE within Hoffman Acres S/D, Sec 4, T3S, R14W, SM, AK.
ESN 401. Located east of Happy Creek, approx 1 mile east of mi
143 Sterling HWY, in Happy Valley. The new name will be an AVE.
x. HAPPY LN within Happy Valley Acres S/D, Sec 18, T3S, R14W, SM,
AK. ESN 401. Located approx mi 145.5 Sterling HWY in Happy
Valley. The new name will be a CT.
y. REBA WAY (west off Danver ST) within Parkinson South S/D,
Gillean's Inlet View SID, Sec 8, T5S, R15W, SM, AK. ESN 401.
Located off Anchor Point RD and Danver ST in Anchor Point. The
new name will be a CIR.
z. REBA WAY (east off Danver ST) within Parkinson SIQ, Aldergate
S1D, Sec 9, T5S, R15W, SM, AK. ESN 401. Located o~fif Anchor
Point RD and Danver ST in Anchor Point. The new name will be an
AVE. REBA ST off Oil Well RD in Ninilchik (ESN 451) not
considered.
a.a. TEDDI RD within North Fork Acres S/D, Sec 26, T4S, R14W, SM,
AK. ESN 401. Located near North Fork RD / Nikolaevsk ~RD junction
south of Nikolaevsk. The new name will be a ST. TEDDI AVE off
Tall Tree Ave and Stariski Creek RD (ESN 401) not considered.
b.b, GROVE ST within Aldergate SID, Sec 9, T5S, R15W, SM, AK. ESN
401. Located off Old Sterling HVIIY and Ashford DR in Anchor Point.
The new name will be a ST.
c.c. GROVER ST within Anchor River Ranchos S~D, Sec 17, T5S,
R14W, SM, AK. ESN 4Q1. Located mi 162 Sterling HWY, approx 2
miles east of HWY, south of Anchor Point. The new name will be a
ST.
d.d. WALT CT within Virginia S1D, Sec 36, T4S, R15W, SM, AK. ESN
401. Located off North Fork RD in Anchor Point. The new name will
be a CIR. WALT RD off mi 149 Sterling HWY north of Anchor Point
(ESN 401) not considered.
e.e. UIIILLIAMS ST within Williams North Fork SID, Sec 25, T4S, R15W,
SM, AK. ESN 401. Located off North Fork RD in Anchor Point. The
new name will be a ST.
f.f. WILLIAMS WAY within Spruce Acres S/D, Sec 34, T4S, R15W, SM,
AK. ESN 401. Located approx mi 157 Sterling HWY in Anchor Point.
The new name will be an AVE.
g.g. WILLIAMS VI~AY within Hathhorn S1D, Kachemak Heights S1D, Sec
32, T5S, R12W, SM, AK. ESN 202. Located off East End RD and
Thurston DR east of Homer. The new name will be a LN.
h.h, WILLIAM ST within Loyjean S1D, Kachemak Heights S1D, Sec 28,
T5S, R13W, SM, AK. ESN 202. Located off Skyline DR and Ohlson
Mtn RD north of Homer. The new name will be a ST.
i.i. HOSTETTER AVE within Encelewski SID, Sec 35; Hostetter S/D,
Sec 26, T1 S, R14W, SM, AK. ESN 451. Located approx mi 134.5
Sterling HWY north of Ninilchik. The new name will be an AVE.
HOSTETTER ST in Caribou Hills (ESN 451 & 90~ ) not considered.
j.j. KINGSLEY CT within Brandywine Acres SID, Sec 6, T2S, R13W,
SM, AK. ESN 451. Located aff Oil Well RD and Brody ST east of
Ninilchik. The new name will be a CIR. KINGSLEY RD in Ninilchik
(ESN 451) not considered.
k.k. MATSON DR within Handler's Hill S/D, Sec 12, T2S, R14W, SM, AK.
ESN 451. Located off Oil Well RD at north end of Ninilchik Airport.
The new name will be a DR. MATSON ST in Caribou Hills (ESN
451) not considered.
G. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
H. SPECIAL CONSIDERATIONS
1. Best Fishing Tracts; Reconsideration of March 22, 2004 Plat Committee
Denial of Final Plat Approval; KPB FILE 2003-~43; Anderson/Mutch, Anchor
Corp. Location: Mouth of Anchor River; Anchor Point APC
2.. Bldg. Setback Exception; Lot 6 Block 3 Greenacres Subdivision; KPB 2004-
122; Petitioner: Scott Feldmann; KPBPC Resolution No 2004-21; Location:
Near Feuding Lane in Sterling
3. Plat Waiver Application; Tract 2 Key Lock Subdivision; KPB File No. 2004-
136; KPBPC Resolution No. 2004-25; Location: Feuding Lane in Sterling;
Applicant: Robert Barrett
SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 13 plats.
J. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
1. A Conditional Use Permit Pursuant to KPB 21.18 for the development of
properties within the Preliminary Subdivision of River Quest located along the
left bank of the Kenai River at River Mile 15.1, adjacent to Government Lots
5& 6, Section 19, T5N, R10W, S.M., AK; KPB Parcel I.D.: 055-259-99;
Petitioner: Robert Nash, Managing Member, River Quest RV Resort, LLC,
Soldotna, AK 99669; KPBPC Resolution 2004-19
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K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS - None
L. OTHERINEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIREC~'OR'S COMMENTS
0. COMMISSIONER COMMENTS
P. PENDING ITEMS F4R FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held June 14, 2004 in the
Assembly Chambers, Borough Administration Building,144 North Binkley, Soldotna, Alaska
at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Adviso Commission Meeting Location Date Time
Anchor Point Anchor River Inn June 1 7:00 .m.
Coo er Landin Communit Hal1 June 9 7:30 .m.
Anchor Point Anchor River Inn 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 Planning Department website.
CONTACT INFORMATlON
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: planninq(~borouc~h,kenai.ak.us
web site: www.borou~gh.kenai.ak.us/planninqdept
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T0: Kim Howard, Assistant to the City Manager
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FROM: Nancy Carver, Planning Assistant ~~ ~~~
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DATE: May 13, 2004
SUBJECT: Lease Application, Division of Forestry - Lot 4, F.B.O. Subdivision
No. 7
The Planning and Zoning Commission reviewed the lease application for Lot 4,
Block 7, F.B.O. Subdivision at their meeting on May 12th. The Commission had
previously approved this lease at their October 22, 2003 meeting at which they
determined that the proposed lease complied with the Comprehensive Plan. The
parcel is split-zoned and the Commission recognized that the current zoning
limits development on a portion of the lot. It was noted that if the draft
Comprehensive Plan were approved, the zoning ordinance would be amended to
an airport overlay zone thatwould eliminate the split-zone issue. If the Plan is not
adopted, the City should consider rezoning the parcel.
The draft Comprehensive Plan is scheduled for Public Hearing before the Kenai
Peninsula Borough Assembly on May 1 gtn
The Commission unanimously recommended approval of the lease.
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HENAIf ALASKA
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T0: Kim Howard, Assistant to the City Manager
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FROM: ~~, ancy Carver, Planning Assistant
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DATE: May 13, 2004
SUBJECT: Lease Application, David Schilling d/b/a Schilling Rentals Lots 13
& 14, Block 1, Cook Inlet Industrial Air Park
At their meeting on May 12, 2004, the Planning and Zoning Commission
reviewed the lease application submitted by David Schilling d/b/a/ Schilling
Rentals. The Commission determined that the lease, as submitted, complies
with the City's zoning and the Comprehensive Plan and unanimously
recommended approval of the lease.
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FACIUTIES MANAG~a
May 14, 2004
Linda ~. Snow, City Mana~er
Ci~y of Kenai
210 Fidalgo Ave, Suite 200
Kenai, A~ 99611
Dear Nis. Snow:
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STATE OF AI.ASKA ~
SNOWDEN ADMINISTRAYIVE OFFICE BUIIDING
szo w. a'~" AvENUE
ANCno~cE, AK 99501-2005
(907) Z64-8238
Fax (907~ 264-8~91
kduke~courts.state.ak.us
Wendy Lyford and 7 appTeciate the opportunit~ to inform the Ci~; r about our future plat~s for the
I~enai Courthouse. Caseload is such rhat we are remodeling the c~urthouse this summer to
accommodate an additional judicial. of~'ieer. rf c~seload cantlnues to grow, we expect to expand
the courthou.se, prob~,bly in the next f vz years, Since ~re have aI~ eady compl~ted thi,s type of
expa~lsion at the Palmer Courthous~, which h~s a design simila~' ~~ I~enai, we know lhat the
bttilding expansion can be accommodated on our current propert: ~.
What is of concern to us is ~vhat will happen with parking once tl ~e builc~ing expans~ion takes
place. Th,e expansion will, likely displace 15-20 of our current pa ki,ng spaces, Since we do not
have adequate land to r.eplac~ this parking, the expansion could i~ npact surrounding properties
(particula~ly on jury cal). days) because the public wi.ll park wher:ver they can on the stzeets or in
other nearby lots.
Y would welcome tlle opportunity to ~vork with City officaals to a~~dress these possible impacts
and identify a solution that is in the best intezests of all. Thank ~y~ ~u for considering our concern.
cc: Wcndy ~.yfot'd, Third Dis~rict A,C~
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T0: Kim Howard, Assistant to the City Manager
FR~M: Nancy Carver, Planning Assistant
DATE: May 13, 2004
SUBJECT: Lease Application, Mike Spisak d/bla Bellair, Inc., Tract A,
General Aviation Apron No. 2
At their meeting on May 12, 2004, the Planning and Zoning Commission
reviewed the lease application submitted by Mike Spisak d/bla Bellair, Inc. The
Commission reviewed the FAA approved Airport Layout Plan and the Airport
Master Plan and the approved use forthe property. After lengthy consideration
the Commission de#ermined that the lease, as submitted, did com I with the
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Citys zoning but it did not comply with the Comprehensive Plan and voted
unanimously to recommend the lease be DENIED.
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Bellair/Spisak Lease: Most of the last week has been devoted to gathering information for Mike
Spisak's proposed lease. In addition to his lease application for Tract A, he has requested we
relocate the TSA (Transportation Security Administration) personnel and equipment so he can lease
the Terminal counter space next to Era Aviation. There are significant facility obstacles to this
request because his proposal does not include screening bags for transfer to other airlines. Our
baggage system configuration does not provide separate secure and unsecured areas. I contacted
TSA and arranged for several of their personnel to come to Kenai and meet with Mr. Spisak to
explore ways to accommodate his request. The TSA is willing to relocate - the issue is providing a
facility configuration ta keep the bags separate. Mr, Spisak also indicated a willingness to
implement a security program. To facilitate that request I have arranged for TSA staff to gather the
required documents and program information and have it available at our meeting. I also met with
the City Manager and City Attorney to obtain concurrence that the City could issue Bellair, Inc. a
special use permit to operate in the Terminal while the formal lease documents proceed through
channels. This will enable Mr, Spisak to begin operations on his tirne schedule.
On the land Iease issues, I contacted FAA airports concerning the fact that the proposed land
lease includes property designated for future ramp expansion and the proposed building location is
inside the BR.L (Building Restriction Line). John Lovett, FAA Planning indicated that the proposed
building would require an airspace assessment. If the airspace assessment allowed a building in the
proposed area then the City would be required to update their Airport Layout Plan and Master Plan.
FAA approval of the revised ALP would consider future expansion needs and the availability of
other land lease space.
Wince-Corthell-Bryson provided additional comments concerning the dxainage and
clearance issues if Tract A is developed as a hangar operation rather than a parking apron. Taxiway
OFA (ob~ect free areas) will need to overlay the property and wi11 restrict usable space, Utlll~
easements should be expanded so storm drainage system does not conflict with existing buried FAA
control cable, the proposed customer/employee parking area adjoins the aircraft apron requiring
security fencing outside the object ~ree area, City should require aIl stripped soils be removed ~rom
airport property, property should not be mined and overburden should not be buried. Mr. Spisak
has agreed to provide drainage structures to address a potential runoff of 8.5 cfs or 3,820 gal/min.
This agreement for drainage should be included in the lease and the City should retain the right to
design and ~nspect construction of all drainage structures.
The existing lease application details development of a very small portion of the total 5.243
acres. There is no development scheduled for the 35~' of Willow Street frontage: The lessee should
be required to provide a complete development plan for the entire property or serious delays could
result when the appraisal is submitted to FAA because of the "highest and best use" assessment.
In the past Council has required developers to secure bonding to protect the City should
required utilities and improvements not occur. Because of the extensive drainage issues on this
property and the potential effect to other airport property of insufficient drainage a requirement for
bonding should be considered.
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I(E~iAI, AL~SKA
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T0: Linda Snow, City Manager
FROM: Nancy Carver, Planning Assista
DATE: May 13, 2004
SUBJECT: Removai of plat note restriction for Lot 7, 8, 9, & 10, Block 4,
Strawberry Hili Estates
At their meeting on May 12, 2004, the Planning and Zoning Commission
reviewed the removal of a plat note from the Kenai Peninsula Borough Planning
Commission. The Commission unanimously recommended removal of the note
restriction, "A common driveway will be shared by Lots 7 and 8, Block 4 and Lots
9 and 10, Block 4" from the above subject plat.
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T0: Cary Graves, City Attorney
FROM: Nancy Carver, Planning Administration
DATE: May 19, 2004
SUBJECT: Lawton Acres Additional Information
I was requested to collect additional research on the length of the appeal process
for a possible rezoning and re-platting of Lawton Acres. Below is additional
information I found with assistance from you and Phil Bryson, Planning & Zoning
Commission & Kenai Peninsula Borough Planning Commission.
Re-Platting Lawton Acres: If the City were to hire a surveyor to re-plat Lawton
Acres --
1. The plat would go before the Planning & Zoning Commission for
advisory approval.
2. There could be no appeal at the City's P&Z level since they are
only "advising" approval of the plat.
3. The plat would then go to the Kenai Peninsula Borough's Planning
Commission's Plat Committee who has the authority to approve the plat, and
take into consideration at that time any City requirements.
a. The plat could be appealed at this time.
b. Appeals go to the full Planning Commission.
c. If appealed again, it goes to Assembly, who could approve,
deny with cause, or remand back to the Planning Commission.
• Approval with multiple appeals would take
approximately four to eight months.
• A remand could add five to seven months.
• Approval with no appeals is approximately three
months.
Re-Zoning Lawton Acres: A property owner, including the City, can request to
the Planning and Zoning Commission a rezone of their property if a parcel does
not meet the expected use for that area. If this request were to take place:
1. There would be a public hearing held on the rezone.
a. Everyone within 300' of the rezone would be notified of the
public hearing date.
b. The public hearing notice is advertised in the local paper the
Wednesday and Friday before the scheduled hearing and posted in the
agenda the Monday before the scheduled Planning & Zoning meeting.
c. AT LEAST three weeks is required for this process to take
place.
2. After listening to public testimony, it is up to the Planning and
Zoning Commission to recommend approval or denial of the rezone.
3. Appeals of Commission's actions need to be made in writing to the
City Clerk within 15-days of the decision (KMC 14.20.290).
4. If there are no appeals, the determination of the Planning
Commission goes to Council as a recommendation.
5. If an appea! is submitted, Council schedules a Board of Adjustment
appeal hearing within 30 days of the date of the appeal.
6. The Kenai City Council, acting as the Board of Adjustment, hears
the appeal and renders its findings within 30 days.
If the above appeals took place the total length of time to this point is
approximately four months.
An appeal from any action or decision of the Board of Adjustment may be taken
by any person to the Superior Court as provided by state law and applicable
ordinances ~KMC 14.20.300}.
- CITIZEN' S GUIDE -
HOW TO APPEAL DECISIONS OF
THE CITY OF KENAI'S
PLANNING & ZONING COMMISSION
An affected person has the right to appeal a decision of the Planning & Zoning Commission,
Building Official or Planner regarding issues included in the Kenai Zoning Code. Following are
some frequently asked questions that should help you through the process.
How do I appeal a Planning & Zoning decision?
First, you need to submit a letter to the Kenai City Clerk within fi~een (15) days of the date of
the decision, stating what decision you want to appeal. Include your address and phone number
in your letter. The Clerk's office is located downstairs at City Hall and the mailing address is
210 Fidalgo Avenue, Suite 200, Kenai, AK 99611. The Clerk's phone number is 283-7535
extension 231.
VVhat does it cost to file an appeal?
There is no charge to file an appeal. However, you will have to pay any costs you have in
preparing or presenting your case. The cost to most people appealing a decision is minor.
How will I know when the hearing on the appeal is to be held?
The City Clerk will mail you a notice telling you when your hearing will be. The hearing will be
held within thirty (30) days of the date you file the appeal. A decision will be made within thirty
(30} days of the hearing date. That means a decision will be made within sixty (60) days of the
date you file the appeal.
Who decides the appeal?
The Kenai City Council, acting as a"Board of Adjustment," will hear your appeal. A majority
of the Board Members hearing the appeal can decide the case.
~Vhat happens at the hearing?
You will be allowed to testify at the hearing. You may bring witnesses to testify also. You can
also submit written information or evidence such as letters from other interested people or a
summary of your thoughts on the appeal. Other people may also testify and submit written
Citizen's Guide to Planning & Zoning Appeals Page 1 of 2
City of Kenai Legal Department Revised 8/02
information or evidence during the hearing. Each person who gives testimony will be under oath
and all the testimony will be recorded.
Members of the Board of Adjustment (City Council) may have questions to ask you about the
issues. They may ask you about issues or questions raised by others at the hearing.
How will I know what the Board decided?
Within thirty (30) days of the hearing, the Board will issue a written decision stating its decision.
The decision will state the reasons why the decision was made and how each member of the
Board voted.
The decision will be mailed to the parties (the applicant and person appealing) and anyone who
testifies or submits comments or requests a decision. The decision will also be posted on the
City's website (www.ci.kenai.ak.us).
If you disagree with the decision of the Board of Adjustment, you can appeal to the Superior
Court in Kenai. You have thirty (30) days from the date the decision is mailed to you to file the
appeal.
Do I need a lawyer to help me?
Most people appeal without the help of a lawyer. However, you may have a lawyer represent
you at your own expense if you choose.
Tips that may help you in the hearing.
Be prepared. Write down the points you want to cover in your testimony. Gather your written
evidence and material together before the hearing. It is better if you can give it to the City Clerk
one week before the hearing so the Board can have copies in advance. If not, get it to her as
soon as you can or bring it with you to the hearing. Information submitted after the hearing
probably will not be accepted.
During the hearing, don't try to testify until it is your turn. Don't interrupt those who are
testifying. Don't argue or get angry during the hearing. You will do a much better job
presenting your case if you stay calm. The Board expects its members, staff and members of the
public to treat each other politely.
When you testify, tell the truth. Don't guess if you are not sure. Try not to repeat yourself.
Make sure the evidence you present concerns the issues.
It is ok y to be nervous during the hearing and when speaking in front of the public. The Board
is used to having people being nervous while speaking in public. They will not hold it against
you.
Come to the hearing. Exercise your rights. It is your chance to tell your side of the story.
Citizen's Guide to Planning & Zoning Appeals Page 2 of 2
City of Kenai Legal Department Revised 8/02
CITY'
4F KE
NAI
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4 210 FIDALG4 AVE., SUITE 200 KENAI, ALASKA 99611-?794
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T0: Linda L. Snow, Cit Mana er ~~ ~1C C~~°
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FROM: Keith Kornelis, Public Works Manager ~,~ 1
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DATE: May 13, 2004 ~~~ ~~~.~ ~ ~
SUBJECT: Lawton Acres
City Council requested we take a closer look at rezoning and subdividing Lawton Acres.
Buffer Zone
Local residents have asked for a buffer zone north of Lawton. I suggest that the replat
includes adding 30 feet of right-of-way north of Lawton Drive so that the City can control
that area as a buffer. Maybe a note to people purchasing these lots reminding them that
City approval is necessary before doing anything (including cutting trees) in the right-of-
way. Another method to provide this buffer would be a deed restriction for each lot.
Rezone and New Plat
Attached is a memo from Marilyn that gives you an idea on procedures and a timeline for
doing this.
Driveway Access
I think we can provide access with one driveway off of the Kenai Spur Highway to two
lots. The State of Alaska Driveway Standards leaves a lot to interpretation. I sent the
attached e-mail to DOT asking them what distance between driveways they would
require. DOT told me today on the phone that they had no problem with the driveway
access off the Kenai Spur as shown in the attached drawing. A driveway access permit
is required from DOT. ~
Drawing
The attached drawing shows the approximate dimensions of the lots that I think might
work. Larger and fewer lots would also work since that would increase the distance
between the driveways.
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T0: Linda L. Snow, City Manager ~~,
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FROM: Marilyn Kebschull, Planning Administration ~
THRU: Keith Kornelius, Public Works Manager
DATE: May 11, 2004
SUBJECT: Lawton Acres
The following provides you with approximate time lines for the two zoning procedures that are
necessary for development of "Lawton Acres."
Rezone Process:
• An application must be submitted three weeks (21 days) prior to a Planning '
a
ommission meeting.
• The Commission holds a public hearing. The code provides a 15-day appeal period
after the Commission's decision. If an appeal is filed, Council must schedule a hearing
before the Board of Adjustment within 30-days and issue a decision 30 days after the
.
ear~ng.
• Under normal circumstances, if the Commission recommends approval of the rezone,
the ordinance would be introduced at the next Council meeting and a public hearing
held at the following council meeting. If approved, the rezone would be effective 30-
days after the public hearing.
• A typical rezone, without an appeal, would take approximately 82 days from
application to effective date.
Preliminary Plat:
A preliminary plat would be required to rezone the "Lawton Acres" parcel, The Commission
acts in an advisory capacity to the Borough on platting. Plats must be received two weeks
prior to the Commission's meeting to allow staff review and publication on the Commission's
agenda. After the Commission's review and recommendation, the information is forwarded to
the Borough's Planning Department. The Borough requires plats be received three week's
prior to their Commission meeting. After a preliminary review and approval, the surveyor has
one year to finalize the plat.
The City would need a preliminary plat to include with their rezone application. The rezone
could be processed with the preliminary plat. However, this practice has caused problems in
the past when subdivisions, such as Lawton Acres, are not finalized. I would recommend that
if the Council decides to proceed with a preliminary plat that any rezone is contingent upon the
plat being finalized and recorded.
Lawton Acres Page 2
Ke~th Karnelis
From: Keith Kornelis
Sent: Mond~y, May ~ 0, 2004 3:03 PM
To: 'rex~oung~dat.state.ak.us'
Cc: Marilyn Kebschull; Jack LaShot; Linda Snow; Jan Taylor; Cary Graves
Subject: Lawton Acres
Rex,
As we have discussed on the phone, the City of Kenai is considering rezoning and subdividing approximately 6,3 acres of
land locatetl between the Kenai Spur Highway, Lawton, Walk~r, and Rogers. It would be the area west of the gulley.
Again, the city is only considering it at this time. We have not had a public hearing on any rezoning.
This area is presently zoned conservation and the city as land owners are considering rezoning it to commercial. There
is someone interested ~n purchasing a commercial lot there.
One o~ the questions of major concern is access to the lots off of the Kenai Spur Highway. The ~uture land owners want
access directly off the Kenai Spur. We would propose having one dr~veway located on the centerline of the property line
that would serve two lots, How far frorn Walker Lane would the first drivewa have to be built and then what distance
would future driveways have to built apa~,rt?
The residential property owners south of Lawton want to maintain ~ buffer ione and I think the ci#y would like to also. We
are therefore considering increasing the right of way of Lawton to the north by 20 feet and maintaining the area with trees
and brush to act as a buffer,
Attached is a drawing that indicates what we are thinking might work. Vllould you please, let me know what DOT's
pos~tion would be concern~ng thfs as soon as poss~ble.
lawton,bmp
Thank you for your help.
Keith Ko~elis, Public Works Manager
907-283-8232 City S~fety Coordinator
Fax 283-3014 Harbormaster
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